(영문) 대구지방법원 2015.06.30 2015가단12892

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(영문) 대구지방법원 2015.06.30 2015가단12892

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From February 1, 2015, the delivery of the above paragraph (a) building.

Reasons

1. Facts recognized;

A. From October 13, 2011, the Defendant entered into a lease agreement with the Plaintiff on the real estate indicated in the order (hereinafter “instant real estate”). On October 1, 201, the Defendant entered into a lease agreement with the Plaintiff, which provides for the term of lease from October 1, 2012 to September 30, 2013 without deposit, with respect to the instant real estate (hereinafter “instant lease agreement”). The instant lease agreement was implicitly renewed on the same condition after the expiration of the term of lease.

B. Upon the Defendant’s delinquency in the payment of two or more occasions after the instant lease agreement period and renewal, the Plaintiff sent a text message to the Defendant on November 13, 2013, stating that the Plaintiff would terminate the instant lease agreement without paying a monthly wage until November 30, 2013. Accordingly, the Defendant’s husband would pay KRW 450,000 to the Plaintiff on November 20, 2013, and the Plaintiff followed this.

C. However, the Defendant again failed to pay a three-year period from February 2015 to April 2015, and the duplicate of the instant complaint containing the Defendant’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s failure to pay a two or more different occasions was served on the Defendant on April 13, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the rent under the instant lease agreement shall be deemed to have increased to KRW 450,000 per month from January 2014, and the instant lease agreement shall be deemed to have been lawfully terminated on the grounds of the Defendant’s failure to pay rent for more than two years. Therefore, the Defendant transferred the instant real estate to the Plaintiff, and from February 1, 2015, the instant lease agreement shall be deemed to have been delivered to the Plaintiff

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