(영문) 서울남부지방법원 2020.04.23 2019나2105

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(영문) 서울남부지방법원 2020.04.23 2019나2105

건물명도 등

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On September 24, 2016, the Plaintiff entered into a contract with the Defendant to lease the instant apartment with the period from November 14, 2016 to November 13, 2018 (hereinafter “previous lease contract”), and around that time, delivered the instant apartment to the Defendant.

B. On October 2, 2018, the Plaintiff concluded a contract with the Defendant under which the Plaintiff leased the instant apartment from November 14, 2018 to November 13, 2019 with a deposit of KRW 20 million, monthly rent of KRW 900,000,000, and the period from November 14, 2018 to November 13, 2019. However, in a special agreement, the Plaintiff concluded a contract under which “the instant lease agreement is renewed for one year with a monthly rent of KRW 100,000” (hereinafter “the instant lease agreement”). Article 4 of the instant lease agreement provides that “If the lessee’s delayed rent of the rent of KRW 2,00,00,000, exceeds the rent of the second period, the lessor may terminate the lease immediately.”

C. On January 21, 2019, the Plaintiff’s representative attorney I sent to the Defendant a certificate of urge that the Defendant pay 5,601,109 won, including the rent for November 2018 under the instant lease agreement (payment date December 13, 2018), the rent for December 2018 (payment date January 13, 2019), and the rent for January 13, 2019 (payment date February 13, 2019), as well as the unpaid rent under the previous lease agreement and the instant lease agreement (payment date February 13, 2019), which reached the Defendant around that time.

However, the defendant did not pay the above amount to the plaintiff until April 5, 2019 when the lawsuit of this case was filed.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number, if any) and the purport of the whole pleadings

2. According to the above facts, the plaintiff is entitled to terminate the lease contract of this case based on Article 4 of the lease contract of this case, and the plaintiff's "this case's lease contract of this case" is subject to Article 4 of the lease contract of this case.

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