(영문) 춘천지방법원 2020.07.07 2019가단5201

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(영문) 춘천지방법원 2020.07.07 2019가단5201

건물인도 등

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1. The defendant shall give order to the plaintiff each point of indication 1, 2, 3, 4, 5, and 1 of the attached drawings among the real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. On May 1, 2005, the Plaintiff leased the real estate indicated in the separate sheet, owned by the Defendant, with the lease deposit deposit of KRW 9 million, monthly rent of KRW 400,00 (payment from October 2005 to the last day of April 30, 2007), and the lease period of KRW 4 million from May 1, 2005 to April 30, 2007, among the real estate indicated in the separate sheet as indicated in the separate sheet, the portion (A) part (a) of 76.76 square meters (hereinafter “the instant building”).

(hereinafter “instant lease agreement”). B.

After the conclusion of the instant lease contract, the Defendant paid the Plaintiff the foregoing rental deposit, and occupied and used the instant real estate.

C. Since the instant lease contract was implicitly renewed, the Defendant continued to delay the payment of monthly rent at least twice.

The Plaintiff asserted in the complaint that the Defendant was in arrears at least 27 minutes in total, including December 2015, April 2016, once in 2017, once in 2017, once in 2019, and once in 2019. The Defendant was the person who was in arrears of the unpaid rent at the end of January 13, 2020 and the unpaid rent at the end of January in 2020.

According to Article 4 of the lease contract of this case, if a lessee fails to pay monthly rent more than twice continuously, the lessor can cancel the contract.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 3, the purport of the whole pleadings

2. The fact that the Defendant, on the ground that the Defendant was in arrears two times or more, delivered to the Defendant on December 27, 2019, a copy of the complaint stating the Plaintiff’s declaration of termination of the instant lease agreement, is obvious, and thus, the instant lease agreement was terminated at that time.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff.

3. Accordingly, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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