(영문) 서울북부지방법원 2019.07.16 2018가단143568

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(영문) 서울북부지방법원 2019.07.16 2018가단143568

건물명도(인도)

Text

1. The defendant,

A. An order is issued to the Plaintiff (Appointed Party) to the real estate stated in attached Form 1;

(b) the selector;

Reasons

1. Basic facts

A. The real estate listed in paragraph (1) of the attached list is owned by the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the real estate listed in Paragraph (2) of the attached list is owned by the Appointor D (hereinafter “Appointed”).

B. On April 17, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to each real estate listed in the separate sheet with the Defendant on April 17, 2018, setting the lease deposit of KRW 30,000,000, monthly rent of KRW 3,300,000 (excluding value-added tax), and the lease term from May 20, 2018 to May 19, 2020.

C. From June 20, 2018, the Defendant did not pay the monthly rent stipulated in the instant lease agreement. Accordingly, on October 22, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the payment of monthly rent was delayed at least three times, and the said notification reached the Defendant around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. Determination

A. The Plaintiff and the Defendant entered into the instant lease agreement on April 17, 2018, and the Defendant did not pay the monthly rent as stipulated in the said lease agreement from June 20, 2018. Accordingly, on October 22, 2018, the Plaintiff sent to the Defendant proof that the instant lease agreement was terminated on the ground of payment delay of monthly rent at least three occasions, and the fact that the said proof reaches the Defendant at that time is as seen earlier.

According to the above facts, the instant lease contract was terminated on October 22, 2018, barring special circumstances.

As such, the defendant is obligated to deliver each real estate listed in the separate sheet to the plaintiff and the selection according to the termination of the instant lease agreement, and return the amount of the rent and the unjust enrichment equivalent to the monthly rent to the plaintiff.

B. The gist of the defendant's assertion and its related matters.

유사 판례

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