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Reasons
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(영문) 부산지방법원동부지원 2019.02.20 2018가단213677
건물명도(인도)
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1. The defendant is against the plaintiffs:

(a) deliver the real estate listed in the separate sheet;

(b) 57,696,530 won and as regards this;

Reasons

1. Facts of recognition;

A. From May 8, 2015, the Plaintiffs owned 1/2 shares among the real estate listed in the separate sheet (hereinafter “instant real estate”) from May 8, 2015 to the date, and the Defendant leased the instant real estate from the Plaintiffs and operated a school meal service company with the trade name “E.”

B. On May 8, 2015, the Plaintiffs leased the instant real estate amounting to KRW 50,00,000, KRW 9,460,000 per month of rent (including value-added tax) and the period from June 1, 2015 to May 31, 2025 (hereinafter “instant lease agreement”). At that time, the Defendant paid the Plaintiffs KRW 50,000,000 as security deposit (hereinafter “instant deposit”).

C. At the time of the instant lease agreement, the Plaintiffs and the Defendant agreed that the instant lease agreement may be terminated immediately when the Defendant did not pay rent more than twice consecutively.

After that, as the Defendant did not pay the rent more than twice consecutively, on June 29, 2018, the Plaintiffs sent to the Defendant a content-certified mail to the effect that the instant lease contract is terminated as of July 31, 2018 on the ground of the foregoing delinquency in the rent, and the content-certified mail reached the Defendant around that time.

E. The Defendant, around September 18, 2018, completed the business of the instant real estate and moved the house, etc. owned by the Defendant, which was located in the instant real estate, to another place. On September 21, 2018, intended to order the Plaintiffs to surrender the instant real estate by completing the house transfer by September 18, 2018. As such, the Defendant, as of September 18, 2018, requested to offset the rent from the deposit of this case by the date above.

‘A’ sent content-certified mail, and the above content-certified mail reached the Plaintiffs around that time.

F. Meanwhile, the Defendant’s overdue rent of KRW 28,380,000 is a total of KRW 28,380,000, and the unpaid management expenses (including overdue fees) by the said period are KRW 64,180,530 is a total of KRW 64,180,530.

【Ground of recognition】 dispute.

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