(영문) 서울중앙지방법원 2020.02.13 2019가단28018

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(영문) 서울중앙지방법원 2020.02.13 2019가단28018

건물명도 청구의 소

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1. The defendant B shall deduct from the plaintiff the sum total of 280,000,000 won and 280,000 won.

Reasons

1. Basic facts

A. On February 1, 2018, the Plaintiff entered into a lease agreement with Defendant B and the attached list (hereinafter “instant apartment”) with respect to the real estate (hereinafter “instant apartment”), which is KRW 300,000,000, monthly rent of KRW 3,300,000 (in advance payment on the last day of each month), and from March 31, 2018 to March 30, 2020 (hereinafter “instant lease agreement”).

B. On January 2019, Defendant B asked the Plaintiff to change the name of the tenant under the instant lease agreement to Defendant C, the spouse, on the grounds of his/her own debt, economic situation, etc., and the Plaintiff and Defendant B drafted a lease agreement that changed the name of the tenant to Defendant C on January 17, 2019.

C. The Defendants did not pay the monthly rent to the Plaintiff from January 31, 2019.

The Plaintiff urged the Defendants to pay the above rent, but the Defendants did not pay it. The Defendants, around May 2019, delivered the instant apartment to the Plaintiff by July 15, 2019, and the Plaintiff returned KRW 20,000,000 to the Defendant C as part of the lease deposit.

Since then, the Defendants did not deliver the instant apartment to the Plaintiff. On June 3, 2019, the Plaintiff terminated the instant lease agreement on the grounds of the Defendants’ continuous delinquency in rent, and issued to the Defendants a certificate of the content that delivery of the instant apartment by July 15, 2019, and around that time, the said certificate was served on the Defendants.

E. The Defendants did not pay the Plaintiff monthly rent from January 31, 2019 to the date of the closing of the instant argument, and continued to occupy the instant apartment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On the premise that Defendant C is a joint lessee, the Plaintiff seeking the delivery of the instant apartment on the ground of the termination of the instant lease agreement.

However, the foregoing.

유사 판례

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