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Reasons
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(영문) 의정부지방법원 고양지원 2018.09.20 2018가단8722
임대료 등
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1. The defendant,

A. From KRW 5,00,000 to KRW 5,00,00, the delivery of real estate listed in the separate sheet from April 4, 2018.

Reasons

1. Facts of recognition;

A. On March 22, 2016, the Plaintiff entered into a lease agreement with the Defendant, with the terms that: (a) the real estate listed in the attached list (hereinafter “instant real estate”) owned by the Plaintiff to the Defendant as the lease deposit amount of KRW 5 million; (b) monthly rent of KRW 500,000; and (c) from April 4, 2016 to April 3, 2017 (12 months); and (d) the Defendant entered into the said lease agreement with the Plaintiff to pay the lease deposit amount of KRW 50,000,000,000,000 for the remainder of the lease deposit to the Plaintiff on April 4, 2016 (hereinafter “instant lease agreement”).

B. On March 23, 2016, the Defendant paid the Plaintiff the down payment of KRW 500,000,000 among the lease deposit, and the remainder of KRW 4.5 million on April 4, 2016, respectively, and is residing in the instant real estate until now.

C. The Defendant paid to the Plaintiff a total of KRW 5 million for ten months from April 4, 2016 to February 3, 2017, and did not pay the rent from February 4, 2017.

Accordingly, around March 7, 2018, the Plaintiff made a final intelligence to the Defendant to the effect that the instant lease contract is terminated on the grounds that the Defendant was in arrears with a 13-month difference.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 9, 10, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts, the instant lease contract was lawfully terminated by the Plaintiff’s declaration of intention to terminate the contract for reasons of the Defendant’s failure to pay two or more rents on March 7, 2018. Thus, barring any special circumstance, the Defendant shall deliver the instant real estate to the Plaintiff, and the Defendant shall not pay the overdue rent for 14 months from February 4, 2017 to April 3, 2018 (from February 4, 2017 to March 7, 2018; the overdue rent for 7 million won from March 8, 2018 to April 3, 2018; and it is reasonable to dispute on the existence and scope of the Defendant’s obligation to perform from April 20, 2018 to April 3, 2018, which is the following day on which the copy of the complaint was served.

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