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Reasons
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(영문) 서울중앙지방법원 2019.07.24 2018가단67818
건물인도 청구의 소
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1. The defendant shall be the plaintiff.

(a) deliver real estate indicated in the annexed real estate;

B. From December 31, 2018, the foregoing.

Reasons

1. The gist of the Plaintiff’s assertion was that the Plaintiff leased real estate indicated in the attachment (hereinafter “instant real estate”) owned by the Plaintiff to the Defendant, but terminated it on the ground of the Defendant’s delinquency in rent.

Nevertheless, the defendant continues to occupy the real estate of this case without permission.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay damages at the rate of KRW 1,00,000 per month from December 31, 2018 to the completion date of delivery of the instant real estate, and to pay damages at the rate of KRW 11,00,000 in total, and damages for delay from December 30, 2018.

2. Determination on the cause of the claim

A. On August 31, 2017, the Plaintiff leased the instant real estate owned by the Plaintiff to the Defendant as KRW 10,000,000, monthly rent of KRW 1,000,000 (the last day of each month), and the lease period from August 31, 2017 to August 30, 2018 (12 months) (hereinafter “instant lease agreement”).

(2) The Defendant paid the Plaintiff KRW 1,00,000 on August 31, 2017 as the rent under the instant lease agreement, KRW 1,000,000 on October 2, 2017, and KRW 1,000,00 on August 31, 2018, and KRW 3,000,00 on October 15, 2018, respectively, and did not pay the remainder.

3) On December 18, 2018, a duplicate of the instant complaint stating the purport that the Plaintiff terminated the instant lease contract on the grounds of the Defendant’s delinquency in payment of rent was served on the Defendant on December 18, 2018. Even thereafter, the Defendant continues to possess and use the instant real estate. [In the absence of any dispute over the grounds for certification, the entry of Gap evidence Nos. 1, Eul evidence Nos. 7 through 10, and the purport of the entire

B. According to the fact of the above recognition 1, the instant lease agreement was lawfully terminated on December 18, 2018, on which the copy of the complaint of this case, stating the Plaintiff’s declaration of termination on the ground of the Defendant’s delinquency in rent, was delivered to the Defendant, and thus, the Defendant was the real estate of this case.

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