(영문) 수원지방법원 2016.01.14 2015가단132412

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(영문) 수원지방법원 2016.01.14 2015가단132412

건물명도

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1. The Defendant shall deliver to the Plaintiff the 5th floor of the building indicated in the attached list No. 501, 119.17 square meters among the 5th floor of the building.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On January 8, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit basis of KRW 20 million, monthly rent of KRW 1100,000 (payment on February 25, 2015), and from February 25, 2015 to February 24, 2017, and delivered the instant real estate to the Defendant.

B. In the instant lease agreement, where the lessee has been in arrears for a period of three months, the lessor provided that the lessor may terminate the instant lease agreement after giving the lessee a grace period of seven days, and then the lessor is unable to implement the said agreement after giving the lessee a peremptory notice.

(see Article 4 of A evidence lease agreement). (C)

However, on June 2015, the Defendant delayed payment of the rent for three months as of June 2015. Accordingly, the Plaintiff sent to the Defendant a letter-proof mail to the effect that the lease contract is terminated if it is violated, and the above notice reached the Defendant on June 24, 2015.

Nevertheless, as the Defendant continued to pay a rent, the Plaintiff sent to the Defendant a letter-proof mail to the effect that the instant lease contract is terminated on the grounds of the delinquency in rent for at least three years on July 24, 2015, and that the said notice was sent to the Defendant on July 27, 2015.

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

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was duly terminated and terminated on July 27, 2015, where the content-certified mail of July 24, 2015, stating the Plaintiff’s declaration of termination on the ground of overdue payment for at least three (3) years of the Defendant, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff upon the fulfillment of the duty to restore.

B. As to the Defendant’s assertion and judgment, the Defendant’s payment date of rent on January 2015.

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