(영문) 춘천지방법원속초지원 2020.06.02 2020가단188

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원속초지원 2020.06.02 2020가단188

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, each point of Annex 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On April 13, 2018, among the buildings listed in the separate sheet (hereinafter “instant building”), the Plaintiff concluded a lease agreement with regard to the portion (a) of 73.71 square meters on the ship (attached Form 1 also falls under the marked restaurant; hereinafter “instant leased portion”) connected each point in sequence 1, 2, 3, 4, 1, and 73.71 square meters in the ship (hereinafter “instant lease agreement”) among the buildings listed in the separate sheet (hereinafter “instant building”) as indicated in the separate sheet, with regard to the lease term from June 18, 2018 to June 17, 2020 (hereinafter “instant lease agreement”).

B. However, the Defendant paid to the Plaintiff only KRW 15.8 million out of the rent of KRW 22 million incurred from June 18, 2018 to February 17, 2020.

C. A copy of the complaint of this case containing the Plaintiff’s declaration of the termination of the instant lease agreement on the grounds of the Defendant’s delinquency in rent for more than three years was delivered to the Defendant on February 24, 2020.

[Grounds for Recognition] deemed confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. According to the above facts, since the lease contract of this case was terminated by the plaintiff's declaration of termination on the ground of delinquency in the payment of rent by the defendant, the defendant is obligated to deliver the part of the lease of this case among the building of this case to the plaintiff and pay the plaintiff the rent of 6.2 million won not paid until February 17, 2020 (=22 million won - 15.8 million won) and the rent of this case from February 18, 2020 to February 18, 2020 to the delivery completion date of the lease of this case (the rent after the termination of the lease contract of this case is presumed to be the same amount as the rent under the lease contract of this case) with the amount of the rent of 1.1 million won per month.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

참조조문

-민사소송법 제150조 제3항

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