(영문) 광주지방법원목포지원 2019.12.11 2019가단2801

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(영문) 광주지방법원목포지원 2019.12.11 2019가단2801

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) Appendix 1, 2, 3, 4, 5, 6, among the first floor of the building listed in the separate sheet;

Reasons

1. Facts of recognition;

A. On October 25, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the first floor of the buildings listed in the attached list, which stipulates that the lease deposit amount is KRW 10 million on the ship (hereinafter “instant building”) and KRW 50,000,000 monthly rent, and the lease agreement was concluded on November 1, 2018 through 24 months from the lease term (hereinafter “instant lease agreement”).

B. The Defendant received delivery of the instant building and operated beauty rooms in the instant building until the closure of the pleadings, but did not pay the Plaintiff monthly rent from February 2019 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. We examine the judgment. The plaintiff sought the delivery of the building of this case and the payment of unpaid rent, etc. to the defendant on the ground of the defendant's delinquency in rent at the complaint of this case. The plaintiff's assertion as above includes the defendant's expression of intent to terminate the lease contract of this case on the ground of delinquency in rent. Thus, the lease contract of this case was lawfully terminated on May 23, 2019, when the copy of the complaint of this case was delivered to the defendant upon the defendant's declaration of termination due to the defendant's refusal in rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the money calculated by applying the ratio of KRW 1.5 million per month to the amount of the unpaid rent from February 1, 2018 to April 30, 2018 (i.e., KRW 500,00 per month x 3 months) and the amount of money calculated by applying the ratio of KRW 500,000 per month from May 1, 2018 to the date of delivery of the said building.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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