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Reasons
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(영문) 서울중앙지방법원 2015.12.23 2015가단5071422 (1)
건물명도
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1. The Plaintiff:

A. The Defendants jointly deliver the buildings listed in the separate sheet;

B. Defendant B shall be KRW 5,705,000 and April 2015.

Reasons

1. Basic facts

A. On December 27, 2012, the Plaintiff leased the instant building to Defendant B by setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 750,000, and the lease period of KRW 27, 2012.

(A) Article 4 of the instant lease agreement provides that “If a lessee fails to pay a rent at least twice consecutively, or sub-leases a rent without permission, the lessor may immediately terminate the instant lease agreement.”

B. While Defendant B was in arrears with the monthly rent from April 2013 to July 2013, Defendant B subleted the instant building to Defendant C on or around August 2013, and the Plaintiff implicitly consented to the sub-lease.

Defendant C paid monthly rent to the Plaintiff in its name from August 2013 to July 2014 after sub-leaseing, and continued to reside in the status of suspending monthly rent from August 2014 to the date of closing argument in the instant case.

C. On March 18, 2015, the Plaintiff sent notice of termination of the instant lease contract to Defendant B by content-certified mail on the grounds that the instant lease contract was terminated on the grounds of delinquency in monthly rent and management expenses for 12 months until March 18, 2015. The said content-proof reached Defendant B around that time.

Meanwhile, the monthly rent, which was overdue as of March 27, 2015, around the time of the notice of termination, was KRW 8,250,000 in total, including the monthly rent of April from April to July 2013, and KRW 3,000 in total, the monthly rent of July from August 2014 to February 2015, and KRW 5,250,000 in total, among the monthly rent of July from August 2015. The overdue amount to be borne by the lessee under the instant lease agreement is KRW 715,00 in total (= KRW 65,000 in month).

E. On May 7, 2015, when the instant lawsuit was pending, Defendant C remitted KRW 3,000,000 to the Plaintiff as monthly income, and KRW 260,000 to the Plaintiff’s husband as management expenses.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, the purport of whole pleadings

2. The judgment on the cause of the claim (1) is based on the above findings of recognition.

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