(영문) 서울북부지방법원 2015.11.26 2015가단105350

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(영문) 서울북부지방법원 2015.11.26 2015가단105350

건물명도

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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. On May 20, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on behalf of the co-owners, setting the lease deposit amounting to KRW 110 million on behalf of the co-owners, and the lease period of KRW 9 million on behalf of the Defendant, until June 30, 2017, and the lease period of KRW 9 million on behalf of the co-owners (hereinafter “the instant lease agreement”). The Plaintiff is a person running a real estate lease business under the trade name of “C” and one of the co-owners of the real estate listed in the separate sheet (hereinafter “instant real estate”). The Defendant is operating a restaurant while occupying and using the instant real estate.

B. On January 21, 2015, the Defendant failed to pay two or more months of monthly rent, and the Plaintiff urged the Defendant to pay the unpaid rent by mail verifying the content of the contract, and thereafter, the Defendant did not pay the rent properly. On February 26, 2015, the Defendant expressed his/her intent to terminate the instant lease by mail verifying the content of the contract by mail.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 and 7 (Evidence Nos. 1 and 3 shall be identical to Evidence Nos. 2 and 1) and the purport of the whole pleadings

2. Determination:

A. According to the above facts, since the contract of this case was lawfully terminated by the plaintiff's declaration of termination due to the failure of the defendant to pay more than two vehicles, the defendant is obligated to deliver the real estate of this case to the plaintiff.

B. As to this, the Defendant agreed not to pay monthly rent for the first three months of internal repair, and agreed not to pay monthly rent for the first three months of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the real estate of this case, ? ? the Plaintiff cannot accept the Plaintiff’s claim before receiving the payment

However, it is the fact that the plaintiff and the defendant are exempted from the rent for the first three months during the lease period.

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