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Reasons
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(영문) 인천지방법원 2015.02.17 2014가단15353
건물인도등
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 8,430,000 and this shall be applicable thereto.

Reasons

1. Determination as to the cause of claim

A. (1) The real estate listed in the separate sheet (hereinafter “instant real estate”) is owned by C and D. The Plaintiff is one of the mortgagee of the instant real estate, and C and D granted the Plaintiff the right to lease the instant real estate.

(2) On January 22, 2007, the Plaintiff entered into a lease contract between the Defendant and the Defendant for the lease of the instant real estate amounting to KRW 5,00,000,000 per month, KRW 400,00 per month, and the period from January 23, 2007 to January 23, 2008 (hereinafter “instant lease contract”). However, the instant lease contract entered E, the Defendant’s mother, as the lessee.

(3) The Defendant paid to the Plaintiff KRW 5,000,000,000, and received and used the instant real estate as delivery.

(4) The instant lease agreement was implicitly renewed, and the Plaintiff and the Defendant increased the rent to KRW 450,000 from January 2009 to KRW 450,00, and even thereafter, the instant lease agreement was implicitly renewed under the same condition.

(5) On the ground that the Defendant did not pay KRW 9,280,000, out of the rent from March 2010 to February 2014, the Plaintiff filed the instant lawsuit seeking the delivery of the instant real estate and the payment of the rent in arrears. A duplicate of the instant complaint was served on the Defendant on March 12, 2014.

(6) The sum of rent from January 2009 to December 2012, 2014 is KRW 32,400,000 (=monthly 450,000 x 12 months x 6 years). The Defendant paid only KRW 18,190,00 to the Plaintiff during the same period.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 5, Gap evidence 6-1 through 4, Gap evidence 8, Eul evidence 1, Eul evidence 7-1 through 3, and the purport of the whole pleadings

B. According to the above facts of recognition, the instant lease contract was lawfully terminated and terminated, and the Defendant, barring any special circumstances.

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