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Reasons
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(영문) 인천지방법원 2015.11.04 2015나9899
건물인도등
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1.The judgment of the first instance shall be modified as follows:

The defendant shall provide the plaintiff with the real estate listed in the attached list No. 1.

Reasons

1. Facts of recognition;

A. On February 18, 2014, the Plaintiff, as the owner of the real estate listed in the attached list (hereinafter “instant real estate”), entered into a lease agreement with the Defendant, setting the deposit amount of KRW 10,00,000 for the instant real estate, KRW 2,00,000 for the rent month, KRW 846,00 for the management expenses, KRW 846,00 for the lease period, and KRW 847,00 for the lease period from February 18, 2014 to February 17, 2015 for the special agreement, and KRW 846,00 for the rental contract to be terminated for one month overdue payment of the rent, management expenses, electricity, water, and surcharges (hereinafter “the instant lease agreement”). On the same day, the Plaintiff transferred the instant real estate to the Defendant.

B. After concluding the instant lease agreement, the Defendant paid only a part of the rent or management fee, and the sum of the rent or management fee in arrears was 19,59,345 won as of October 31, 2014.

C. Accordingly, on November 5, 2014, the Plaintiff sent to the Defendant a letter verifying the content that the instant lease contract was terminated on the ground that the Defendant had not paid KRW 11,599,445, after deducting KRW 10,000,00,000, which was overdue by October 31, 2014, and that the Defendant had not paid KRW 21,59,445, and the said mail was served to the Defendant on the following day.

Around November 2014, the Defendant suspended the business that was continued in the instant real estate, but even up to now, did not return the keys by keeping the equipment and fixtures owned by the Defendant as they are.

[Ground for Recognition - Unsatisfy Facts, Gap evidence 1 through 4, Eul evidence 1 (including each number), the purpose of the whole pleadings]

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The instant lease agreement was lawfully terminated on November 6, 2014, and the Defendant is obligated to deliver the instant building to the Plaintiff. (2) The Defendant is obligated to deliver the instant building to the Plaintiff. (3) From February 28, 2014 to February 17, 2015, at KRW 43,840,414 in total.

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