(영문) 대전지방법원천안지원 2015.07.07 2015가단4951

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(영문) 대전지방법원천안지원 2015.07.07 2015가단4951

건물명도

Text

1. The Defendant shall deliver the real estate indicated in the attached Form to the Plaintiff, and from January 14, 2015 to the completion date of the delivery of the said real estate.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry described in Gap evidence 1, 2, and 7-1, 7-2:

On January 12, 2015, the Plaintiff entered into a lease agreement with the Defendant (hereinafter referred to as “instant real estate”) with respect to the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) with the term of lease KRW 10,000,000, monthly rent KRW 1,200,000 (payment date each 14th day of each month), from January 14, 2015 to January 14, 2017 (hereinafter referred to as “instant lease agreement”).

B. At the time of the conclusion of the instant lease agreement, the Defendant agreed to pay the Plaintiff KRW 11,200,000,000, out of the aggregate of KRW 11,200,000 and KRW 11,200,000 for January 21, 2015, and the remainder KRW 6,200,000 shall be paid on January 14, 2015, and the Plaintiff shall be paid by January 21, 2015.

The Defendant paid the Plaintiff KRW 5,00,000 as part of the lease deposit on January 14, 2015, and did not pay the remainder of the lease deposit or rent thereafter.

C. On April 6, 2015, a copy of the instant complaint stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent was served on the Defendant.

2. According to the above facts finding as to the cause of the claim, since the lease contract of this case was lawfully terminated by the delivery of a copy of the complaint of this case on the ground of the defendant's delay of rent, the defendant is obligated to deliver the real estate of this case to the plaintiff, and pay the money calculated by the ratio of KRW 1,200,000 per month from January 14, 2015 to the completion date of delivery of the real estate of this case from January 14, 2015 to the completion date of delivery of the real estate of this case.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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