(영문) 부산지방법원 2016.07.14 2015나11189

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(영문) 부산지방법원 2016.07.14 2015나11189

건물명도 등

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On August 10, 2002, the Plaintiff’s attached (hereinafter “the deceased”) leased the instant building to the Defendant with the lease deposit of KRW 2 million and KRW 220,000 per month (hereinafter “the instant lease contract”). On the same day, the Defendant occupied the instant building by delivery from the Deceased on the same day until the date of the conclusion of the pleadings.

B. On January 22, 2015, the Deceased died while the first instance trial was pending, and the Plaintiff, who was the deceased’s children, succeeded to the lessor’s status under the instant lease agreement by completing the registration of ownership transfer on the ground of inheritance by consultation and division on March 6, 2015 regarding the instant building.

C. The Defendant did not pay the rent after August 10, 2008.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1 and Eul evidence 2, the purport of the whole pleadings

2. The Plaintiff, as a successor to the lessor or the owner of the instant building, arbitrarily sought the delivery of the instant building against the Defendant.

The fact that the Defendant did not pay the rent after August 10, 2003 is as seen earlier, and the Plaintiff’s application for modification of the purport of the claim and the cause of the claim on March 27, 2015, stating the Plaintiff’s declaration of intent to terminate the said lease on the grounds of the rent delay, reaches the Defendant on April 2, 2015, is apparent in the record. As such, the instant lease agreement was lawfully terminated due to the Defendant’s delinquency in rent.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff who succeeded to the lessor's status.

3. Conclusion, the Plaintiff’s claim of this case will be accepted on the grounds of its reasoning.

The judgment of the first instance is just in conclusion and thus, the defendant's appeal is dismissed.

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