(영문) 수원지방법원 2015.05.28 2014가단70630

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(영문) 수원지방법원 2015.05.28 2014가단70630

건물명도 등

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1. The Plaintiff:

A. Defendant B’s real estate from KRW 20,000,000 to KRW 20,000 is the real estate indicated in the separate sheet from July 20, 2014.

Reasons

1. Facts of recognition;

A. On April 24, 2006, the Plaintiff purchased the instant real estate from a World Construction Co., Ltd. and completed the registration of ownership transfer.

B. Meanwhile, around February 20, 2014, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, the owner of the instant real estate, with the lease deposit of KRW 20 million, KRW 850,000 per month of rent (payment in the post payment in April 20), and with the lease term of KRW 24 months from April 21, 2014 to April 20, 2016, and the said real estate was handed over by the Plaintiff and resided in the said real estate together with Defendant C, who is his/her father.

C. Meanwhile, from July 20, 2014, Defendant B did not pay to the Plaintiff the difference under the instant lease agreement.

Accordingly, the Plaintiff expressed his intention to terminate the instant lease agreement by serving a copy of the complaint of this case on the grounds of the delinquency in rent for at least two months in arrears.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement is deemed to have been duly terminated and terminated on December 16, 2014, on which the copy of the complaint of this case, stating the Plaintiff’s declaration of termination on the ground of delinquency in rent of the Defendant B, was delivered to the Defendant B. Thus, barring any special circumstance, the Defendant B is obligated to deliver the instant real estate to the Plaintiff, and return the overdue rent or unjust enrichment at rent. Defendant C is obligated to withdraw from the instant real estate.

3. Determination as to Defendant B’s defense

A. Defendant B’s defense of the simultaneous performance of the overdue rent deduction and the lease deposit shall be deducted from the lease deposit of this case from Defendant B’s overdue rent, and simultaneously with the delivery of the real estate of this case, the above lease deposit should be refunded from the Plaintiff.

The rent, etc. is overdue after the lease contract is terminated.

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