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Reasons
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(영문) 서울중앙지방법원 2017.01.10 2016가단5165829
건물명도
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1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On February 29, 2016, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant with the lease deposit KRW 200 million, monthly rent of KRW 2 million (payment on the 31st day of each month), and from March 31, 2016 to March 31, 2018.

(2) At the time of the instant lease agreement, the Plaintiff and the Defendant agreed to pay the remainder KRW 180 million on March 31, 2016 at the time of the instant lease agreement (hereinafter “instant lease agreement”). The Plaintiff and the Defendant agreed to pay the down payment of KRW 20 million on a contractual date, and agreed to pay the remainder of KRW 180 million on March 31, 2016, in the event of nonperformance by the parties to the instant lease agreement, as liquidated damages.

B. Around that time, the Defendant paid down payment to the Plaintiff KRW 20 million, and received the instant real estate from the Plaintiff and possessed it up to now.

C. The Defendant did not pay the remainder of the lease deposit KRW 180 million under the instant lease agreement. The Plaintiff notified the Defendant to pay the remainder of the lease deposit KRW 180 million to the Defendant up to May 13, 2016, and sent a content-certified mail that contains the intent to terminate the instant lease agreement without paying the said money by the due date. The said content-certified mail reached the Defendant around that time.

The Defendant did not pay the remainder of the lease deposit KRW 180 million until May 13, 2016, and did not pay the monthly rent from July 2016 of the instant lease agreement.

[Ground for Recognition: Facts without dispute, entry of Gap1 through 3, purport of the whole pleadings]

2. Determination

A. The Plaintiff terminated the instant lease agreement on the grounds of the Defendant’s nonperformance of obligation as seen earlier, and the duplicate of the complaint containing the intention of termination was served on the Defendant on July 25, 2016, and the instant lease agreement was lawfully terminated on July 25, 2016. Therefore, the Defendant is the Plaintiff.

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