(영문) 전주지방법원 2015.07.16 2014가단40253

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(영문) 전주지방법원 2015.07.16 2014가단40253

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. 3,030,000 won and November 4, 2014 attached hereto.

Reasons

1. Facts of recognition;

A. On September 19, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease a building listed in the separate sheet with a lease deposit of KRW 10 million, monthly rent of KRW 1.2 million, and the period from September 19, 2012 to September 19, 2015, and the Defendant agreed to additionally pay KRW 30,000 to the Plaintiff as management expenses.

B. The Plaintiff filed the instant lawsuit on November 10, 2014, stating in the written complaint that the instant lease agreement will be terminated on the grounds of the Defendant’s delinquency in the second period of rent, and the duplicate of the instant complaint reached the Defendant on November 21, 2014.

C. The Defendant is occupying and using the buildings listed in the attached list as of the date of closing argument, and the Defendant did not pay KRW 3030,000 (including management expenses) out of the rent by October 18, 2014 among the rent based on the instant lease agreement until the date of closing argument from October 19, 2014 to the date of closing argument.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. According to the above facts of determination, the lease contract of this case was terminated by the delivery of a copy of the complaint of this case on the ground of the second-term delinquency in payment of rent.

Therefore, the defendant is obligated to deliver the building indicated in the attached list to the plaintiff by restoring it to the original state, and pay the unpaid rent of 30,030,000 won (including management expenses) and the unpaid rent of 12,30,000 won to the delivery date of the building indicated in the attached list from November 4, 2014 to November 4, 2014 to the date of completion of delivery of the building in the attached list (i.e., KRW 30,000 won).

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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