(영문) 대전지방법원 2020.09.23 2020가단108704

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(영문) 대전지방법원 2020.09.23 2020가단108704

건물인도

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1. The defendant shall be the plaintiff.

A. Of the real estate listed in the separate sheet, the Attached Form No. 8, 9, 10, 11, 12, 13, 14, 15, 16, 17.

Reasons

1. Facts of recognition;

A. On August 22, 2019, the Plaintiff entered into the instant lease agreement with the Defendant and the Plaintiff with respect to the portion 12,00,00,000 square meters in part 12,00,00 won (hereinafter “instant store”) among the real estate listed in the attached list owned by the Plaintiff, from among the real estate indicated in the attached Table No. 8,9, 10,11, 12,13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 29, and 95 square meters in sequence, from August 22, 2019 to August 21, 2021 (hereinafter “the instant lease agreement”).

B. The Defendant, on December 21, 2019, remitted the Plaintiff KRW 1,50,000, which is a part of the monthly rent, to the Plaintiff (=36,000,000 won for three months and KRW 1,50,000). Lastly, the Defendant only paid the Plaintiff KRW 37,50,000 for the monthly rent (=36,000,000 won).

C. On March 24, 2020, a duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of not less than three years of arrears, was served on the Defendant.

At present, the defendant is in the situation of suspending the business of the store of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the lease contract of this case was lawfully terminated by the plaintiff's declaration of termination for the reason that the defendant did not pay more than three rents. Thus, barring any special circumstance, the defendant is obligated to deliver the store of this case to the plaintiff to restore the original state, and pay the money calculated by the ratio of 12,000,000 won per month from January 21, 2020 to the delivery date of the above store as requested by the plaintiff.

B. The Defendant’s assertion is currently being in progress with the seizure of movable property owned by the Defendant in the instant store, and the creditor of the construction price for the attached building exercises the right of retention in part of the store.

유사 판례

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