(영문) 서울중앙지방법원 2019.09.26 2019가단5009456

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(영문) 서울중앙지방법원 2019.09.26 2019가단5009456

건물명도(인도)

Text

1. The Defendants jointly indicate the attached drawings among the first floor below the real estate listed in the attached Table in the real estate list to the Plaintiff.

Reasons

1. Facts of recognition and judgment

A. In full view of the purport of the entire pleadings, the following facts are recognized in the statements in Gap evidence Nos. 1, 2, and 3.

Attached Form

The real estate indicated in the list is owned by the plaintiff, and the defendant B is the lessee of the building listed in the Disposition No. 1, and the defendant C is the husband of the defendant B and the co-owner of the above building.

On February 19, 2008, the Plaintiff entered into a lease agreement with Defendant B and the building for the lease deposit amounting to KRW 70 million, monthly rent of KRW 1900,000 (excluding value-added tax), and the period of March 30, 2009.

Since June 1, 2016, Defendant B delayed the payment of monthly rent, the lease deposit was changed from around 201 to KRW 50 million, and the lease deposit was changed to KRW 200,000 (excluding value-added tax), and again, from June 1, 2016, the lease deposit was changed to KRW 10 million and KRW 200,000 (excluding value-added tax).

Since August 2018, the Defendants agreed to pay KRW 2,500,000 (excluding value-added tax) as monthly rent from August 2018.

However, Defendant B did not pay monthly rent to the Plaintiff as of December 31, 2018, which was the monthly rent of KRW 15,500,000.

Accordingly, the Plaintiff terminated the lease contract with Defendant B by serving a copy of the complaint of this case on the grounds of the delinquency of monthly rent for more than three months.

B. According to the above facts of recognition, the lease agreement on the building specified in the Disposition No. 1 between the plaintiff and the defendant B was terminated on January 24, 2019, on which the copy of the complaint of this case was served, and the defendants are jointly obligated to deliver the above building to the plaintiff.

In addition, Defendant B is obligated to pay the Plaintiff the sum of KRW 15,500,000 and KRW 2,750,000 per month from January 1, 2019 to the completion date of delivery of the building.

2. If so, the plaintiff's claim against the defendants is accepted in its reasoning, and it is so decided as per Disposition.

유사 판례

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