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Reasons
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(영문) 대전지방법원천안지원 2020.02.12 2019가단108363
건물명도(인도)
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 31, 2018, the Plaintiff leased the first floor D of the Dong-gu Seoul building C (hereinafter “instant real estate”) to the Defendant for the purpose of the office by setting the deposit amount of KRW 10 million, monthly rent of KRW 1.3 million, and the period from October 1, 2018 to September 30, 2020.

(hereinafter “instant lease agreement”). B.

The defendant paid a deposit of KRW 10 million to the plaintiff, and used a partitions after installing a partitions on the real estate of this case, and the above real estate was cut off on February 2019 without being kept in the partitions and other facilities.

C. The Plaintiff notified the Defendant that the instant lease contract was terminated on May 10, 2019, as the Defendant paid a monthly rent of KRW 1430,000 and delayed payment of the remainder.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-12, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant is obligated to pay to the Plaintiff the remainder of KRW 1,380,000,000 (including value-added tax) in arrears from October 1, 2018 to April 30, 2019 and KRW 7,80,00 (including value-added tax) equivalent to the rent from May 1, 2019 to October 31, 2019 and the rent of KRW 1,781,00,000 (= KRW 1.3 million per month x 6 months x 6 months) calculated by deducting the amount of KRW 1,43,00,00 from the monthly rent and deposit of KRW 1,381,00,00,000,000 for the remainder after deducting the real estate of this case from the use of the real estate of this case.

B. Determination 1) According to the fact that the instant lease agreement was terminated, the Defendant did not pay rent for more than six months, and the Plaintiff notified the termination of the instant lease agreement around May 10, 2019, and thus, the instant lease agreement was lawfully terminated on or around May 10, 2019. (2) As such, the lessee who was incurred at the time of the provisional termination of the lease agreement.

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