(영문) 부산지방법원 2015.01.08 2014가단70265

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(영문) 부산지방법원 2015.01.08 2014가단70265

건물명도 등

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1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, the indication A, B, C, and A of the separate sheet shall be in sequence.

Reasons

1. Facts of recognition;

A. On February 18, 2011, C leased to the Defendant a monthly rent of KRW 100,000,000 and February 17, 2013, the lease term of the part on the first floor of the ship (hereinafter “instant leased part”) which connects the real estate indicated in the attached Table No. 1, (b), (c), and (a) among the real estate listed in the attached Table No. 1 to the Defendant, by setting the leased part of this case as the monthly rent, and the Defendant uses the leased part from around that time.

B. On May 19, 2014, the Plaintiff purchased real estate listed in the attached list from C and completed the registration of ownership transfer, and succeeded to the lessor’s status under the said lease agreement with C.

C. The Defendant paid to the Plaintiff only one-month rent from the time when the Plaintiff acquired real estate listed in the separate sheet, and did not pay the rent up to now.

Accordingly, while filing the instant lawsuit, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in paying two or more rents, and the duplicate of the instant complaint was served on November 5, 2014.

[Ground for Recognition: Facts without dispute, entry of evidence A1, 2, and 5, purport of the whole pleadings]

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated on November 5, 2014 by the Defendant’s indication of termination intention on the grounds of the Defendant’s delinquency in rent, and thus, the Defendant is obligated to deliver the instant lease portion to the Plaintiff. As sought by the Plaintiff, the Defendant is obligated to pay from June 20 to June 20, 2014 at the rate of KRW 10,000 per month from June 20 to the date of the completion of delivery.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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