(영문) 울산지방법원 2019.05.01 2018가단22564

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(영문) 울산지방법원 2019.05.01 2018가단22564

건물인도 등

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1. The Defendant shall each month from the Plaintiff’s KRW 24,400,00 to the completion date of delivery of the real estate indicated in the separate sheet from March 1, 2019.

Reasons

1. Facts of recognition;

A. On December 31, 2014, the Defendant entered into a contract with the Plaintiff for lease of KRW 100,000,000, monthly rent of KRW 6,600,000 (including value-added tax, early payment at the beginning of each month), and from February 1, 2015 to January 31, 2020 (hereinafter “instant lease contract”).

B. On January 8, 2015, the Defendant, as the Ulsan District Court 2015No. 4, concluded a settlement prior to the filing of the instant lease agreement (hereinafter “conciliation prior to the filing of the instant lawsuit”) as follows.

① On January 31, 2020, a lessee (hereafter referred to as “Defendant” in this paragraph) returned deposits settled by a lessor (referred to as “Plaintiff” in this paragraph) on January 31, 2020, the lease term of which expires, and at the same time, the store in this case is completed to the lessor, and the lessee pays the monthly rent of KRW 6 million to the lessor at the beginning of each month, and at the same time the value-added tax and public charges shall be paid separately on the same date as the monthly rent, and the lessee shall not refuse to pay rent, taxes and public charges on the grounds that the lease deposit remains.

(2) Where delay occurs in the monthly rent of a lessee during the three-year period (no superior is found even if no continuous arrears exist), the lessor may terminate the lease contract, the contract period of which (five years in the contract period) expires, and the lessee shall guarantee the right of priority over the present lessee in the event of a re-contract.

C. The Defendant did not pay the monthly rent of KRW 49,200,000 in excess of three months from February 2018 to October 2018 under the instant lease agreement, and the monthly rent of KRW 75,60,000 in total until February 28, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts, the declaration of the termination of the instant lease agreement on the ground of rent delay for at least three years.

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