(영문) 부산지방법원 2021.03.25 2020가단340453

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(영문) 부산지방법원 2021.03.25 2020가단340453

건물인도

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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From September 20, 2020, 6,000 won and above.

Reasons

1. Basic facts

A. On March 27, 2019, the Plaintiff entered into a lease agreement with the Defendant to lease KRW 30,000,000, monthly rent from May 20, 2019 to May 19, 2021 (24 months), and KRW 1,000,000 to the Defendant by determining to pay the rent in the future (hereinafter “instant contract”) with respect to the real estate listed in the attached list owned by the Plaintiff, a residential building, and the Plaintiff (hereinafter “instant real estate”), and if the Defendant delays the rent for at least two months, the instant contract may be terminated.

Merely determined.

B. The Defendant received the instant real estate from the Plaintiff on May 20, 2019, and thereafter occupied and used it thereafter, and began to delay in monthly rent from March 20, 2020. The monthly rent in arrears by September 19, 2020 is the sum of KRW 6,00,000.

(c)

The plaintiff notified the defendant that the contract of this case is terminated on the ground of the defendant's delinquency in payment of monthly rent for more than two years.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, since the contract of this case was lawfully terminated, the defendant is obligated to deliver the real estate of this case to the plaintiff, and pay damages or unfair gains calculated by the ratio of the monthly rent of 6,000,000 won to the above delivery date from September 20, 2020 to the above delivery date, which is the day after the final payment of the monthly rent of 6,00,000 won and the final payment of the rent of 1,00,000 won.

3. The judgment of the defendant's assertion is that the defendant does not have the right to terminate the contract for the reason as above or has the right to claim the reduction of the rent to the defendant who is the lessee.

One of the arguments is that the real estate of this case is a residential real estate, so there is no room to apply the Act on the Protection of Commercial Building Lease to the contract of this case.

Therefore, the defendant's above assertion is without merit.

4. Conclusion, the plaintiff's claim of this case.

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