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Reasons
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(영문) 창원지방법원 2017.02.10 2016가단19568
건물명도등
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b)payment of 13,750,000 won;

(c) on April 2016.

Reasons

1. On June 2015, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the building listed in the separate sheet No. 1 attached hereto owned by the Plaintiff (hereinafter “instant building”) as follows: KRW 15,000,000, monthly rent of KRW 1,000 (the monthly rent of KRW 50,000) and the term of the contract from June 20, 2015 to June 20, to be leased by the Defendant (hereinafter “instant lease agreement”).

The defendant paid only 10,000,000 won out of the above deposit 15,00,000 won, and the remainder of 5,000,000 won has been used on June 20, 2015 without having agreed to pay until November 20, 2015.

The defendant delayed the rent from September 2015 to February 2, 2016 and paid only KRW 2,000,000 among the rent in arrears on November 30, 2016, and delays the payment of KRW 13,750,000 as shown in attached Table 2 as of November 30, 2016. The defendant did not pay the deposit balance of KRW 5,00,000.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease contract was terminated due to the Defendant’s delinquency in rent. Thus, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the amount equivalent to the monthly rent of KRW 13,750,000 from December 1, 2016 to the completion date of delivery of the instant building. 2) The Plaintiff asserts that the Defendant paid the Plaintiff on behalf of the Plaintiff the monthly rent of KRW 693,490 and the cleaning cost of KRW 550,00,00, the amount of KRW 14,917,850 (=617,850,500,000).

A. Although the payment is sought, it is not sufficient to acknowledge the payment only with the descriptions of Gap evidence Nos. 3 and 8, and there is no other evidence.

B. As to the judgment on the Defendant’s assertion, the Defendant agreed to terminate the instant lease agreement on or around December 2015.

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