(영문) 서울서부지방법원 2018.03.21 2017가합32121

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.03.21 2017가합32121

건물명도청구 등의 소

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1. The defendant shall be the plaintiff.

(a) deliver in collaboration with C real estate listed in the annexed sheet;

B. C and 120,800.

Reasons

Facts of recognition

On April 2, 2015, the Plaintiff entered into a contract with the Defendant and C to lease the instant real estate (hereinafter “instant lease contract”) with a car page for KRW 40,00,000 per deposit, KRW 5,800,00 per rent (including additional tax and management expenses, and payment on April 12), the lease period from April 20, 2015 to April 19, 2018, and the use thereof (hereinafter “instant lease contract”). At that time, the Plaintiff handed over the instant real estate.

Defendant and C did not pay KRW 2,800,000 out of the monthly rent of KRW 5,800,000 on April 12, 2016, and did not pay the full monthly rent from May 12, 2016.

On July 25, 2016, the Plaintiff sent a content-certified mail stating that the instant lease contract is terminated on the ground that the Plaintiff was in arrears with D, who operated a carpet in the instant real estate, and that the said content-certified mail reached C around that time.

[Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 4, and judgment as to the ground for the claim as to the whole purport of the argument, the defendant and C did not pay at least three vehicles under the lease agreement of this case. The plaintiff expressed his/her intention to terminate the lease agreement of this case to C by content-certified mail on July 25, 2016 and reached C around that time. The fact that the plaintiff delivered the real estate of this case to the defendant on May 30, 2017 on the premise that the lease contract of this case was terminated due to delayed payment of rent is apparent in the record. Thus, the declaration of intention to terminate the lease of this case by delivery of a copy of the complaint of this case to the defendant is deemed to have reached the defendant.

Therefore, the instant lease agreement was legally terminated on May 30, 2017 and terminated.

As seen earlier, the instant lease contract was terminated on May 30, 2017, and it was against the lessor of the joint lessee of the building.

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