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(영문) 광주지방법원 2018.02.14 2017가단21225
건물인도
Text

1. From 20,000,000 to 6, 201, the Defendant shall deliver the real estate listed in the separate sheet from June 6, 2017 to 90.

Reasons

1. Facts of recognition;

A. On January 23, 2017, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is KRW 20,000,000, monthly rent of KRW 900,000 (payment on March 6, 2017), from March 6, 2017 to March 6, 2018 (hereinafter “instant lease agreement”).

B. From June 2017, the Defendant was in arrears, and on July 7, 2017, the Plaintiff notified the Plaintiff of the intent to terminate the instant lease agreement on the grounds of the rent delay of at least two years.

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

2. According to the above facts finding as to the plaintiff's claim, the lease contract of this case was terminated by the plaintiff's notice of termination on the ground of the defendant's delinquency in monthly rent.

Therefore, the Defendant is obligated to receive from the Plaintiff the remaining money calculated by deducting the amount calculated by the rate of KRW 900,000 per month from June 6, 2017 to the delivery date of the instant real estate, as the Plaintiff seeks, from the 20,000,000, the Defendant did not pay the monthly rent of KRW 20,000, and simultaneously deliver the instant real estate to the Plaintiff.

3. Judgment on the defendant's assertion

A. The defendant asserts that the termination of the lease contract on the ground of overdue delay is an abuse of rights of the lessor, since it would be the deduction of overdue delay from the lease deposit when the lease contract of this case expires due to the expiration of the term of validity.

B. According to the evidence No. 2 (the lease agreement of this case), Article 4 of the lease agreement of this case provides that "the lessor may terminate the lease agreement of this case without delay in a case where the lessee's delayed amount of rent exceeds the amount of two years of rent."

Therefore, the plaintiff's act of exercising the right to terminate the lease contract of this case cannot be seen as an abuse of right.

The defendant's argument is without merit.

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