(영문) 서울중앙지방법원 2014.03.20 2013가단207598

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(영문) 서울중앙지방법원 2014.03.20 2013가단207598

건물명도

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1. The Defendants shall deliver the buildings listed in the separate sheet to each Plaintiff.

2. The Plaintiff:

A. Defendant B shall be 17,120.

Reasons

1. Basic facts

A. On February 1, 2013, the Plaintiff leased the building listed in the attached list (hereinafter “instant building”) to Defendant B by setting the lease deposit of KRW 10,00,000,000, monthly rent of KRW 4,00,000, management expenses separately, and the lease period from February 7, 2013 to August 6, 2013.

(hereinafter “instant lease agreement.” Article 4 of the instant lease agreement provides that a lessor may terminate the lease agreement if the lessee is delinquent in paying a rent for at least two years.

B. Defendant B was in arrears with two or more vehicles, and the Plaintiff, around July 7, 2013, notified the termination of the instant lease agreement.

C. As of July 7, 2013, the sum of the rent and management expenses in arrears is KRW 17,120,000 (i.e., 16,000 management expenses for overdue rent of KRW 1,120,000), and the management expenses equivalent to KRW 220,000 shall accrue each month.

Defendant C currently occupies and uses the instant building with the consent of Defendant B.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, purport of whole pleadings

2. Determination

A. Judgment by public notice as to the claim against Defendant B (Article 208(3)3 of the Civil Procedure Act)

B. According to the facts found in the judgment on the claim against Defendant C, the instant lease agreement was lawfully terminated according to the Plaintiff’s notice of termination on the ground of delinquency in rent of Defendant B.

Therefore, Defendant C, who did not assert and prove that there exists a legitimate title to possess the instant building, is obligated to deliver the instant building to the Plaintiff, the owner of the instant building, and to pay to Defendant B and each of the Plaintiff the amount of money calculated at the rate of KRW 4,220,00 per month from July 7, 2013 when the instant lease contract was terminated to the completion date of delivery of the instant building.

The Plaintiff’s overdue charge against Defendant C under the instant lease agreement is 17,120.

참조조문

-민사소송법 제208조 제3항 제3호

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