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(영문) 춘천지방법원 2018.02.22 2017가단51224
건물명도(인도)
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1. The defendant,

A. The payment of KRW 20,000,000 from the Plaintiff is received from the Plaintiff, and at the same time, the attached list is recorded in the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence No. 1, Gap evidence No. 2, Eul evidence No. 1, and Eul evidence No. 1, and the whole purport of the pleadings as a result of the on-site verification by this court, and there is no counter-proof.

On July 2, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease all three floors (hereinafter “instant housing”) out of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant housing”) by setting the deposit amount of KRW 20 million, monthly rent of KRW 700,000, and the lease term of KRW 300,000 from July 30, 2013 to July 30, 2015 (hereinafter “instant lease agreement”).

B. As the monthly rent of the instant lease agreement, the Defendant paid KRW 700,000 per month from July 25, 2013 to January 27, 2014, in total, KRW 4,900,000.

C. The defendant currently occupies the house of this case.

2. Determination

A. The Plaintiff asserted that, since the Defendant did not pay monthly rent for 42 months from September 30, 2013 to February 28, 2017, the Plaintiff is obligated to terminate the instant lease contract due to the instant lawsuit, and the Defendant is obligated to deliver the instant house to the Plaintiff, to pay the unpaid monthly rent KRW 29,400,000 from March 31, 2017, and to pay the amount equivalent to KRW 700,000 per month from March 31, 2017 to the completion date of delivery of the instant house.

B. According to the above facts, the Defendant paid KRW 4,900,000 out of monthly rent of KRW 30,800,000 (444X 700,000) from July 30, 2013 to March 30, 2017 of the instant lease agreement, and the said KRW 4,900,000 constitutes monthly rent until February 28, 2014. (2) The Defendant’s assertion on the Defendant’s defense constitutes the Defendant’s allegation that the instant house was created in remote areas of the instant house, the Defendant’s clothes, etc., and thus, it was not paid to the Plaintiff from March 2014.

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