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Reasons
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(영문) 인천지방법원 2017.04.25 2016가단50329
건물명도
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From September 27, 2016, KRW 7,250,00 and the above.

Reasons

1. Facts of recognition;

A. On March 4, 2016, the Plaintiff entered into a lease agreement with the Defendant under which the real estate listed in the separate sheet (hereinafter “instant real estate”) was leased with a deposit of KRW 10,000,000, monthly rent of KRW 1,050,000, and the lease term of KRW 1,050,000 from March 26, 2016 to March 25, 2018 (hereinafter “instant lease agreement”). Around that time, the Plaintiff handed over the instant real estate to the Defendant.

B. The Defendant only paid the Plaintiff KRW 1,050,000 for one-time rent, but did not thereafter pay the difference.

C. On June 14, 2016 and July 1, 2016, the Plaintiff sent each proof to the Defendant that the instant lease contract was terminated on the grounds of two or more occasions of delinquency in rent, and each of the above proof was served on the Defendant around that time.

The Defendant occupied the instant real estate without paying rent to the Plaintiff at the time of the closing of the argument in this case and actually used the instant real estate.

E. Meanwhile, the Defendant did not pay an amount equivalent to KRW 2,00,000 for management expenses until the date of closing the argument in the instant case.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s nonperformance of the obligation to pay rent.

As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the amount of KRW 5,250,00 (the portion from April 26, 2016 to September 26, 2016), unpaid management expenses, and the amount of KRW 2,00,00,00, calculated at the rate of KRW 1,050,00 from September 27, 2016 to September 27, 2016, to the delivery date of the said real estate.

3. Thus, the plaintiff's claim of this case is reasonable and acceptable.

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