(영문) 서울동부지방법원 2018.09.13 2018가단4971

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(영문) 서울동부지방법원 2018.09.13 2018가단4971

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From January 21, 2018, 200 won and above.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that is entrusted with the management of the instant building by the owner B of the building indicated in the attached list (hereinafter “instant building”).

B. On August 21, 2017, the Plaintiff entered into a short-term use contract for real estate facilities (hereinafter “instant contract”) with the Defendant with the terms that the instant building is leased by setting the monthly rent of KRW 1,00,000 as well as the lease period from August 21, 2017 to February 20, 2018.

C. On August 21, 2017, the Defendant did not pay KRW 200,000 out of the rent until December 21, 2017 while occupying and using the instant building upon delivery, and thereafter, did not pay the rent until now.

Accordingly, the Plaintiff filed a lawsuit of this case that the contract of this case is terminated on the grounds that the Defendant is not paid rent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the above facts finding, the instant contract was lawfully terminated according to the Plaintiff’s declaration of termination on the ground of the Defendant’s non-performance of the obligation to pay rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the unpaid rent of KRW 200,000 and the unpaid rent of KRW 1,00,000 from January 21, 2017 to the completion date of delivery of the instant building, barring special circumstances.

In regard to this, the Defendant alleged to the effect that, although the Defendant was unable to pay rent due to the suspension of import due to the suspension of Akneeless surgery and pulmonary cancer surgery, since it was scheduled to pay the rent starting from August 20, 2018, it cannot comply with the Plaintiff’s claim. However, the Defendant’s assertion does not constitute justifiable grounds for refusing the Plaintiff’s claim alone.

3. If so, the plaintiff's claim of this case is with merit.

유사 판례

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-제주지방법원 2018.01.19 2017가단8004

-제주지방법원 2016.07.06 2015나2164

-서울서부지방법원 2017.06.15 2016나35394