(영문) 인천지방법원 2020.12.18 2020가단6923

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(영문) 인천지방법원 2020.12.18 2020가단6923

건물인도

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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

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

B. April 7, 2020

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff is the owner of the instant real estate. 2) On October 7, 2019, the Plaintiff and the Defendant concluded a lease agreement that the Plaintiff leases to the Defendant (hereinafter “the instant lease agreement”) with regard to the instant real estate, setting the deposit amount of KRW 1 million, KRW 200,000 per month, and the lease period of KRW 20,000 per month from October 7, 2019 to 24 months.

B. On March 9, 2020, the Plaintiff sent to the Defendant a notice of termination of the contract containing the contents that the contract is terminated by failing to pay two or more times the difference in the instant lease agreement. At that time, the said notice reached the Defendant.

In reference, if we inquire about the registration number (D) of the above notice through the Internet post office site, it is confirmed that the above notice has been delivered to the defendant on March 10, 2020.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. On March 9, 2020, based on the judgment of March 9, 2020 on the cause of the principal claim, the Defendant did not pay more than 2 years the rent of the instant lease agreement.

(A) On March 9, 2020, the Plaintiff notified the Defendant of the termination of the instant lease agreement for the said reasons, and thereafter, reached the Defendant around that time.

Therefore, the instant lease contract was lawfully terminated according to the Plaintiff’s declaration of termination at that time.

Even after the termination of the instant lease agreement, it is reasonable to view that the Defendant: (a) occupied and used the instant real estate without any legal cause; (b) obtained benefits therefrom; and (c) incurred damages equivalent to the same amount to the Plaintiff,

Furthermore, the amount of profit from the possession and use of the ordinary real estate is equivalent to the difference in the real estate.

This case’s lease contract is terminated.

유사 판례

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