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Reasons
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(영문) 춘천지방법원 원주지원 2018.10.10 2018가단304495
건물명도(인도)
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1. The Plaintiff:

A. The character and social welfare conference of the defendant social welfare foundation shall be attached to the real estate stated in the attached list.

Reasons

1. Basic facts

A. On August 20, 2014, the Plaintiff entered into a lease agreement with the prime floor of the Defendant Social Welfare Association (hereinafter “Defendant Corporation”) on the terms of KRW 32.85 square meters in the ship connecting each point of the attached Form 1, 2, 3, 4, 5, 6, and 1 among the real estate listed in the attached Table list (hereinafter “instant building”) from August 20, 2014 to December 31, 2016, with regard to the lease term of KRW 50,110,00 in the ship connecting each point of the attached Table 1, 2, 3, 4, 5, 6, and 1.85 square meters (hereinafter “instant building”).

(hereinafter “The instant lease agreement”). Article 8(1)4 of the instant lease agreement provides that “Where a lessee fails to pay a rent for at least three consecutive months, the lessor may terminate the instant lease agreement.”

B. The instant lease agreement was renewed on December 31, 2016, and the Defendant Company concluded a sublease agreement with the lower court on January 31, 2018, setting the lease period of the Defendant A and the instant building as KRW 52,610, and KRW 1,050,000, by December 31, 2018.

(hereinafter “instant sublease contract”). Defendant A currently resides in the instant building.

C. As of July 16, 2018, the Defendant corporation did not pay the rent of KRW 480,030 for a total of at least nine months.

Accordingly, the Plaintiff expressed his/her intent to terminate the instant lease agreement at the instant complaint, and the duplicate of the instant complaint reached the Defendant corporation on July 24, 2018.

[Reasons for Recognition]

(a) Defendant corporation: Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act;

(b) Defendant A: Facts without dispute, entries in Gap evidence 1, 2, and 3, and purport of the whole pleadings;

2. According to Article 638(1) and (2) of the Civil Act and Article 635(2) of the same Act, if a lease contract is terminated due to the notification of termination and if the lease contract is properly sub-leaseed, the lessor does not set a defense against the sub-lessee by termination unless the sub-lessee notifies the sub-lessee of the reason.

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