(영문) 의정부지방법원 2019.07.24 2018가단16454

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(영문) 의정부지방법원 2019.07.24 2018가단16454

건물인도 등

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1. From May 23, 2019 to May 23, 2019, part of the instant lawsuit seeking monetary payment of KRW 2,200,000 per month.

Reasons

1. Basic facts

A. On May 16, 2016, the Plaintiff concluded a lease agreement with the Defendant to lease the real estate listed in the separate sheet No. 1 (hereinafter “instant building”) as follows:

(hereinafter “instant lease agreement”). - Period: From June 15, 2016 to June 15, 2018 - Lease deposit: 20,000 won - Rent: 20,200,000 won per month (prepaid on January 15): Termination of the contract (Article 4): 2,200,000 won per month: The lessor may terminate the contract when the delayed amount of the rent of the lessee reaches the rent of three months or violates Article 3 (Change of Use and Sub-lease, etc.).

B. While leasing the instant building to the Defendant, the Plaintiff leased corporeal movables listed in the [Attachment 2] List owned by the Plaintiff (hereinafter “the instant movable property”), and agreed to “the Plaintiff transferred the instant movable property to the Defendant, and the Defendant purchased it where it is well and well possible to use the equipment.”

C. From June 15, 2016 to June 15, 2016, the Defendant is occupying and using the instant building while running restaurant business in the name of “C”.

Meanwhile, the Defendant did not delay the Plaintiff’s rent for the instant building between July and December 2016, January 2017, April and December, 2017, and February and March 2018.

E. On April 6, 2018, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is terminated on the grounds of the foregoing delinquency in rent, and around that time, the content certification reached the Defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 2, the purport of the whole pleadings

2. Determination on requests for delivery of buildings and movables

A. According to the above facts finding as to the cause of the claim, the lease contract of this case was terminated on the ground of the delinquency in rent up to the three terms of the defendant, and the defendant is obligated to deliver the building of this case to the plaintiff, unless there are special circumstances.

Meanwhile, the instant movable property is the Defendant under the instant lease agreement.

유사 판례

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