(영문) 의정부지방법원 2017.11.16 2017가단10305

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(영문) 의정부지방법원 2017.11.16 2017가단10305

건물인도

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1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On June 11, 2015, the Plaintiff entered into a contract with Defendant B to lease a building listed in the separate sheet (hereinafter “instant building”) owned by itself as KRW 10 million, the lease period from July 15, 2015 to July 14, 2017 (hereinafter “instant lease contract”). Around that time, the Plaintiff transferred the instant building to Defendant B.

B. From July 2015, Defendant C occupies the instant building along with Defendant B.

C. Meanwhile, the Plaintiff, on the grounds that the monthly rent was in arrears with Defendant B at least two months, filed a lawsuit against the Defendants for the claim for the delivery of a building on the ground of the termination of the lease agreement (Ui Government District Court Decision 2016Da10360), and on June 10, 2016, sentenced the above court to “the Defendant to deliver the building of this case to the Plaintiff” and the above judgment became final and conclusive around that time.

On August 23, 2016, the Plaintiff agreed with Defendant C to ensure the validity of the instant lease agreement terminated under the agreement with the effect that “Defendant C shall pay the Plaintiff the overdue rent, management fee, and gas cost by September 10, 2016, and shall deliver the instant building within 10 days if not paid.”

E. Defendant B again delayed the payment of monthly rent, management expenses, and gas costs under the instant lease agreement. On March 6, 2017, the Plaintiff sent to Defendant B a content-certified mail containing his/her declaration of intent to terminate the instant lease on the ground that he/she had failed to pay the monthly rent for at least two years under the instant lease agreement, and the said content-certified mail was the same month.

7. It was served on Defendant B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim.

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