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Reasons
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(영문) 의정부지방법원 2017.02.14 2016가단120700
건물명도
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1. From 10,00,000 to 10,000 won, the Defendant shall deliver the building as indicated in the separate sheet from February 4, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 12, 2015, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C, setting a deposit of KRW 10 million, monthly rent of KRW 480,000 (prepaid on November 4, 2015), from November 4, 2015 to November 3, 2017, with respect to the building listed in the separate sheet (hereinafter “instant building”), which is owned by C, as well as with the delivery of the instant building by C around November 4, 2015.

B. On April 11, 2016, the Plaintiff purchased the instant building from C and the same year.

5. 4. Completion of the registration of ownership transfer on the instant building.

C. Under the instant lease agreement, the Defendant paid the Plaintiff the rent of KRW 480,000,000 for May 19, 2016, and KRW 4880,000 for the rent of June 13, 2016, and KRW 4880,00 for the rent of July 13, 2016, and July 31, 2016, with the lapse of three months.

On July 12, 2016, the Plaintiff sent to the Defendant a content-certified mail containing a declaration of intent to terminate the instant lease agreement on the grounds that the monthly rent under the instant lease agreement was overdue for at least two years, and the said content-certified mail was served to the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant did not pay two or more rents according to the lease of this case, and the lease of this case was lawfully terminated by the delivery of the content-certified mail around July 2016.

Therefore, the Defendant asserted that, from 10,000,000 to 4, February 2017, the Plaintiff had the obligation to deliver the instant building to the Plaintiff at the same time with the remainder of money calculated by deducting the difference calculated by the Defendant from 10,000 won to 4,80,000 won per month from 4, 2016 to 4,000 won from the Plaintiff. However, the Defendant had the obligation to deliver the instant building to the Plaintiff on February 13, 2017.

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