(영문) 전주지방법원 2016.09.28 2016가단12214

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(영문) 전주지방법원 2016.09.28 2016가단12214

건물명도 등

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1. The defendant is against the plaintiffs:

(a) deliver the second floor of 279.340 square meters among the real estate listed in the attached list;

(b)26,620,000 won;

Reasons

1. Facts of recognition;

A. On January 16, 2015, the Plaintiffs leased the instant real estate of 279.340 square meters on the second floor among the real estate listed in the attached Table list (hereinafter “instant real estate”) to the Defendant by setting the lease deposit of 30 million won, the lease deposit of 2.42 million won per month (payment on January 16, 2015), and the lease term of 2.2 years from January 16, 2015 to January 15, 2017, and around that time, the instant real estate was handed over.

B. The Defendant did not pay the Plaintiffs the rent after May 15, 2015, and the Plaintiff A did not pay the overdue rent to the Defendant by September 3, 2015, without paying the overdue rent by September 15, 2015.

'' notified'.

C. On May 2, 2016, a duplicate of the complaint of this case, stating the Plaintiffs’ declaration of intent to terminate the said lease agreement on the grounds of the delinquency in the payment of two or more rents, was served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the above lease contract was terminated on May 2, 2016 and terminated.

Unless there exist special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and from May 16, 2015 to April 16, 2016, the period following the date when the Plaintiffs were to be paid the rent of KRW 2,662,00 (2.420,000 x 11 month) by the rate of KRW 2,4620,000 per month for the Plaintiffs from May 16, 2016 to April 16, 2016. The said rent or unjust enrichment is obligated to pay from April 17, 2016 to April 2.4.220,000 on the date following the said rent payment date.

3. Judgment on the defendant's assertion

A. At the time of the lease agreement, the Defendant paid the Plaintiffs KRW 30 million as lease deposit, and the overdue rent is naturally deducted from the lease deposit. Therefore, even if the Defendant did not pay two or more rents, the Plaintiffs cannot terminate the lease agreement on the ground of such delay. However, the lease deposit is overdue.

유사 판례

-전주지방법원 2016. 9. 28. 선고 2016가단12214 판결

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