(영문) 대구지방법원 2019.10.31 2019나1921 | 리걸엔진

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(영문) 대구지방법원 2019.10.31 2019나1921

건물인도등

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 6, 2016, the Plaintiffs and the Defendant concluded a lease agreement with respect to the instant apartment owned by the Plaintiffs from March 19, 2016 to March 18, 2017, with a lease deposit of KRW 20,000,000, a lease deposit of KRW 1,150,000 (payment on March 19, 201), and the Defendant paid KRW 20,000,000 to the Plaintiffs.

B. The instant lease agreement has been explicitly renewed even after the termination of the said term of lease, and the Defendant did not pay for the remainder of the lease on January 23, 2017, as well as for the remainder of the lease amount from February 23, 2017 to January 30, 2018, only KRW 9,750,000, which is the sum of the lease amounts under the instant lease agreement, to the Plaintiff.

C. Meanwhile, the Plaintiffs concluded a sales contract with the Defendant who represented G on November 2, 2017 for the instant apartment at KRW 387,000,000 with respect to the purchase price (hereinafter “instant sales contract”), and subsequently, decided to substitute KRW 15,00,000 for the Defendant’s lease deposit at KRW 20,000.

Article 4 of the instant lease agreement and Article 4 and Paragraph (2) of the Special Agreement stipulate that a lessor may immediately terminate the instant lease agreement if the amount of the rent in arrears by the lessee reaches the amount of two-term rents. The Plaintiffs expressed their intent to terminate the instant lease agreement on June 8, 2018 through proof of the content. The Defendant was served around that time.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the lease contract of this case was lawfully terminated by notifying the plaintiff that the lease contract of this case will be terminated by serving the certificate of the above contents on the part of the defendant. Thus, unless there are special circumstances, the defendant shall pay to the plaintiffs the apartment of this case.

유사 판례

-전주지방법원 2018.10.26 2018가단12935

-서울남부지방법원 2016.08.19 2015가단64968

-춘천지방법원 2019.04.23 2019가단50478

-서울서부지방법원 2018.02.22 2017나3165

-부산지방법원서부지원 2017.08.18 2017가단2395