(영문) 대전지방법원천안지원 2019.03.13 2018가단10223

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(영문) 대전지방법원천안지원 2019.03.13 2018가단10223

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) From March 1, 2019, 241,800 won and above.

Reasons

1. Facts of recognition;

A. On March 15, 2017, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant by setting the deposit of KRW 10 million per month, KRW 900,000 per month, KRW 40,000 per month, management expenses (water, septic tanks, etc.), and the period of March 30, 2019 (hereinafter “instant lease agreement”).

B. The Defendant paid a deposit of KRW 10 million to the Plaintiff and occupied and used the instant real estate.

C. The Defendant did not pay the rent from April 2018 and the management fee from February 2018.

【Ground for Recognition: Unsatisfy Facts, Gap 1 and 2 evidence, the purport of the whole pleadings】

2. Determination

A. On October 19, 2018, the Plaintiff asserted that the instant lease agreement was terminated by sending to the Defendant a mail proving that the instant lease agreement was terminated (Evidence A 3) at the complaint on October 19, 2018. Although there is no evidence that the said content-certified mail was delivered to the Defendant (the Defendant did not receive), it can be deemed that the Plaintiff expressed his/her intent to terminate the instant lease agreement to the Defendant by the delivery of the complaint of this case.

According to the above facts, the instant lease contract was lawfully terminated on the ground of the Defendant’s delinquency in rent, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the amount equivalent to 660,000 won in total (i.e., management expenses 40,00 won x 9,000 won in rent for nine months x 7 months) less the amount of KRW 178,200 (the amount corresponding to the portion of the electricity tax jointly borne by the Defendant and other lessees excluding the Defendant) deducted from the management expenses and the amount of delayed rent from October 31, 2018 to the completion date of delivery of the said real estate (i.e., KRW 6,481,800 in total).

B. The Defendant’s assertion as to the Defendant’s assertion is asserted.

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