(영문) 인천지방법원 2015.08.21 2015가단25616

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.08.21 2015가단25616

부동산명도등

Text

1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts recognized;

A. On February 12, 2010, the Plaintiff leased the attached building to C, who is the spouse of the Defendant, as KRW 5 million, KRW 650,000 per month, KRW 650,000 per month, and the period from March 15, 2010, and KRW 500,000 per month, and KRW 70,00 per month, around March 2012.

(hereinafter referred to as the “instant lease contract”) B.

C and the defendant are running business from January 201 to January 201 in the name of the defendant, and they are running business in the building in the attached Form.

C. C does not pay the difference from October 16, 2014.

On May 24, 2015, a copy of complaint of the Incheon District Court 2015Kadan21461, stating the Plaintiff’s intent to terminate the instant lease agreement on the grounds of the rent delay of C, reached C on May 24, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1, significant facts in this court, the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination on the ground of delinquency in rent C.

Therefore, the defendant who occupies the building as stated in the attached Form C with C is obligated to deliver the building as stated in the attached Form to the plaintiff, except in extenuating circumstances.

B. The defendant asserted that the term of the instant lease contract was not expired, but even if the term was not expired, as seen earlier, the instant lease contract was lawfully terminated according to the plaintiff's declaration of termination, and thus, the defendant's assertion is without merit.

In addition, the defendant asserts that the plaintiff requested C to pay the rent increase unfairly and reserved the payment of the rent. However, the defendant's assertion is without merit since it does not constitute a ground to refuse the payment of the rent or to justify the overdue payment just because it is alleged by the defendant.

3. Conclusion.

유사 판례

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