(영문) 서울중앙지방법원 2017.02.15 2016가단106016

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(영문) 서울중앙지방법원 2017.02.15 2016가단106016

건물명도

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1. The defendant shall be the plaintiff.

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

B. From 7,281,234 Won and September 10, 2016

Reasons

1. Facts of recognition;

A. On December 1, 2015, the Plaintiff, for three years until February 28, 2019, leased real estate listed in the separate sheet (hereinafter referred to as “instant officetel”) to the Defendant as KRW 2,523,427 (payment on February 10, 201) (hereinafter referred to as “instant lease agreement”), and the Defendant occupies and uses the instant officetel from that time.

B. On June 27, 2016, the Defendant notified the Defendant that the instant lease contract will be terminated in the event that the Plaintiff did not pay the overdue rent by June 30, 2016 on the grounds of the overdue rent for at least two months pursuant to Article 8(2) of the instant lease agreement, on the grounds of the overdue rent for at least two months.

C. After that, the Defendant delayed the payment of the overdue rent, the Plaintiff filed the instant lawsuit seeking delivery of the instant officetel and payment of the overdue rent on August 30, 2016, and the instant warden served the Defendant on September 6, 2016.

[Ground of Recognition] Unsatisfy, Facts which are obvious to this court, entries in Gap evidence 1 through 5 (including paper numbers), the purport of the whole pleadings

2. According to the above facts, the instant lease agreement was duly terminated and terminated on September 6, 2016, when the complaint of this case, including the expression of intent to terminate the instant lease agreement, was delivered to the Defendant. Therefore, the Defendant is obligated to deliver the instant officetel to the Plaintiff, and to pay the Plaintiff the amount of delayed rent of KRW 7,281,284 (=2,234,427 on June 2, 2016), which was unpaid from May 2016 to July 2, 2016, and to pay the amount of delayed rent of KRW 2,523,427 on July 2, 203,427, as the Plaintiff seeks, from September 10, 2016 to the completion of delivery of the instant officetel, the amount equivalent to the rent of KRW 2,523,427 on September 10, 2016.

3. The plaintiff's claim for the conclusion is justified and it is so decided as per Disposition by the assent of all participating Justices.

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