(영문) 서울남부지방법원 2020.12.10 2020가단6164

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(영문) 서울남부지방법원 2020.12.10 2020가단6164

건물명도

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The defendant from 740,00 won to 1070,000 won per month from December 20, 2020 to the completion date of delivery of real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. On August 30, 2018, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) with regard to the lease deposit of KRW 10 million, monthly rent of KRW 900,000 (payment after March 1, 2019, increase of KRW 50,000), management expenses of KRW 120,000,000, and the lease term of KRW 120,000,000 (hereinafter “instant lease agreement”) with the Defendant (hereinafter “instant lease agreement”).

B. The Defendant did not pay the sum of the rent and management expenses from September 2018 to April 2020, KRW 9260,000.

C. A copy of the complaint of this case, on April 24, 2020, stating that the Plaintiff terminated the instant lease agreement on the grounds of delinquency in rent for more than three years and sought to deliver the instant real estate, was served on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of determination as to the cause of claim, since the lease contract of this case was lawfully terminated on April 24, 2020 by the plaintiff's declaration of termination with the delivery of a copy of the complaint of this case, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay that it is unpaid.

B. As to the Defendant’s assertion, the Defendant claimed that the Plaintiff exempted the Plaintiff from the rent for two weeks, which is the period of interior works, and that the Defendant has already paid the lease deposit of KRW 10 million. Thus, the Plaintiff’s claim of this case is unreasonable.

First of all, as to whether the Plaintiff exempted the Plaintiff from the rent for two weeks during the term of interior works, it is not sufficient to recognize it only with the statement of No. 1 and No. 1, and there is no other evidence to acknowledge it.

In addition, the lease relationship occurs, such as the rent in arrears paid to the lessor at the time of concluding the lease contract.

유사 판례

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-부산지방법원 2017.06.14 2016가합45567