(영문) 서울남부지방법원 2018.11.28 2018가단237712

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(영문) 서울남부지방법원 2018.11.28 2018가단237712

건물명도(인도)

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1. The Defendant’s month from April 15, 2018 to the completion date of the delivery of real estate indicated in the separate sheet from the Plaintiff’s KRW 30 million.

Reasons

1. Facts of recognition;

A. On July 10, 2017, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant building”) to the Defendant, with a deposit of KRW 30 million, KRW 2.6 million per month, and the period from August 14, 2017 to August 14, 2019 (hereinafter “instant lease”).

B. From April 15, 2018, the Defendant did not pay a rent for the instant building, and accordingly, the Defendant expressed his/her intent to consent to the termination of the instant lease around July 30, 2018, with respect to the Plaintiff’s demand for rent and the instant notice of termination of the lease.

(A) The defendant asserts that the defendant first notified the termination of the lease of this case to the plaintiff, and regardless of who was notified the termination of the lease of this case, the fact that the termination of the lease of this case was terminated is not a dispute between the parties concerned).

2. The defendant's main defense against the defendant's main defense is a defense that the plaintiff's filing of the lawsuit against the defendant is defective in the subject matter of lawsuit, despite the plaintiff's consent to seek a new lessee by notifying that the defendant already left the building of this case.

However, in a lawsuit for performance, the standing to be the defendant in the lawsuit for performance is nominal to the plaintiff's claim itself, and the decision is absorbed into the judgment on the propriety of the claim, so the person alleged as the performance obligor is a legitimate defendant. In addition, even if the plaintiff filed the lawsuit in this case with the plaintiff's consent to the notification that he would go to the defendant as the defendant's assertion, such notification is not related

Therefore, the defendant's main defense is without merit.

3. According to the above facts of determination as to the cause of the claim, the lease of this case terminated, and thus, the defendant is obligated to deliver the building of this case to the plaintiff, barring any special circumstance.

유사 판례

-부산지방법원 2018.04.06 2017나4840

-수원지방법원 2015.07.16 2014나40784

-서울중앙지방법원 2014.10.10 2014가합536221

-서울서부지방법원 2019.05.01 2018가단10848

-수원지방법원안양지원 2017.11.24 2017가단3800