(영문) 수원지방법원 2016.05.18 2015가단127137

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(영문) 수원지방법원 2016.05.18 2015가단127137

건물명도

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1. The Defendants shall deliver to the Plaintiff each real estate listed in the separate sheet.

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

Reasons

1. Facts of recognition;

A. On January 29, 2015, the Plaintiff entered into a lease agreement (hereinafter referred to as the “instant lease agreement”) with E by setting the lease deposit of KRW 20 million, monthly rent of KRW 20 million (in cases where a lessee is changed as a juristic person according to a special agreement, value-added tax shall be separately imposed), and from February 13, 2015 to February 12, 2016, and delivered the instant apartment to E on February 13, 2015.

B. After that, according to the special agreement of the instant lease agreement, the lessee was changed from E to Defendant B.

C. By May 12, 2015, E and Defendant B paid only KRW 6 million monthly rent of KRW 3 million to the Plaintiff by May 12, 2015, and did not pay the monthly rent from May 13, 2015. The management fee in arrears as of March 30, 2016 is KRW 3,508,460.

Defendant C and D are residing in the apartment of this case with the consent of Defendant C and D.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 to 5 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above findings of the determination, Defendant B Co., Ltd.: (a) was in arrears for at least two years from May 13, 2015; and (b) it is apparent in the record that a preparatory document dated March 16, 2016 (including the Plaintiff’s declaration of intent to terminate the instant lease agreement) reached Defendant B Co., Ltd. as of March 24, 2016, the instant lease agreement was terminated due to Defendant B’s nonperformance of the obligation to pay rent.

Therefore, Defendant B is obligated to deliver the instant apartment to the Plaintiff, and furthermore, Defendant C and D also have the duty to deliver the instant apartment to the Plaintiff, the owner, unless they have a legitimate title to possess the instant apartment.

As to this, the defendants have serious and significant defects that make it difficult for them to reside in the apartment of this case.

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