(영문) 인천지방법원부천지원 2019.02.13 2018가단114725

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(영문) 인천지방법원부천지원 2019.02.13 2018가단114725

건물명도(인도)

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1. The defendant shall pay KRW 3,206,716 to the plaintiff.

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

3.Paragraph 1.

Reasons

1. Basic facts

A. On March 6, 2017, the Plaintiff entered into a lease agreement with the Defendant on the first floor of KRW 20,000,000, monthly rent of KRW 1,300,000 (excluding value-added tax), deposit for the second floor of KRW 5,00,000, monthly rent of KRW 300,000, monthly rent of KRW 300,000, and the lease period from April 5, 2017 to April 4, 2020, respectively (hereinafter “instant lease agreement”).

On the other hand, the instant lease agreement provides that the termination right shall be created when the amount of the rent for the first floor is overdue to reach the amount of the three-year rent for the second floor, and that the termination right shall be paid when the second floor is overdue to reach the amount of the rent for the second floor, and that the statutory interest shall be paid for the overdue rent.

B. The Defendant paid KRW 20,000,000 to the Plaintiff for the lease deposit for the first floor among the instant real property, and had been transferred by the Plaintiff and operated restaurant business in the name of “C” at that place.

C. The Defendant did not pay to the Plaintiff the difference between May 2017 and January 2018 for the first floor among the instant real estate, and did not pay to the Plaintiff the difference after May 2017 and November 2017 for the second floor.

On July 11, 2018, the Plaintiff sent a content-certified mail to the effect that the instant lease contract is terminated on the ground that the Plaintiff’s vehicle for the instant real estate was more than three years for the first floor, and more than two years for the second floor, and the content-certified mail was served to the Defendant around that time.

E. On August 2, 2018, the Defendant delivered the second floor among the instant real estate to the Plaintiff, and the first floor on December 3, 2018.

2. Determination

A. (1) The Defendant did not pay the Plaintiff a monthly rent with respect to the first floor of the instant real estate under the instant lease agreement, and did not pay the Plaintiff a monthly rent for at least three years, prior to the termination of the instant lease agreement.

유사 판례

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