(영문) 대구지방법원 2020.09.04 2020가단5010

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(영문) 대구지방법원 2020.09.04 2020가단5010

건물명도등

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1. The defendant is against the plaintiffs:

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

(b) 6,030,000 won and this shall apply thereto;

Reasons

1. Facts of recognition;

A. The Plaintiffs are owners who own 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On January 14, 2015, the Plaintiffs concluded a lease agreement between the Defendant and the terms of a deposit of KRW 30 million, with the term of a lease “from February 25, 2015 to February 24, 2020 (five years)”; the monthly rent of KRW 2 million (excluding value-added tax) and the monthly payment on February 25, 2015 (hereinafter “instant lease agreement”).

C. The Plaintiffs exempted the Defendant from the monthly rent for one month from the contract date for the convenience of the Defendant, but the Defendant did not pay the rent once within the contract period of five years, and did not pay the sum of the monthly rent of 6,030,000 as of February 24, 2020.

On February 19, 2018 and December 27, 2018, the Plaintiffs sent to the Defendant each by content-certified mail each “the guidance on the termination of the lease contract due to the overdue rent of KRW 11,00,000,000,” with the content that each “the lease contract shall be terminated due to the overdue rent of KRW 11,00,000.” On November 7, 2019 and December 23, 2019, each “the renewal is due to the expiration of the contract term on February 2020, and the lessee shall restore the store to its original original state after the end of February,” respectively, sent each “the notification on the termination of the lease contract and the extension of the lease term shall be extended by content-certified mail.”

The above content-certified mail was served on the defendant around that time.

E. On April 20, 2020, the copy of the complaint of this case containing the content that “the plaintiffs terminate the instant lease agreement, and seek the defendant to pay the name of the building and the unpaid rent” was served on the defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to Article 10-8 of the Commercial Building Lease Protection Act regarding the cause of the claim, the lessor may terminate the contract when the delayed amount of rent of the lessee reaches the amount of three-year rents.

3.2

참조조문

-상가건물 임대차보호법 제10조의8

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