(영문) 대구지방법원 김천지원 2018.05.24 2017가단33090

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(영문) 대구지방법원 김천지원 2018.05.24 2017가단33090

건물명도(인도)

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1. The defendant shall be the plaintiff.

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

(b)payment of 11,50,000 won and c.

Reasons

1. Facts of recognition;

A. The Defendant concluded a lease agreement with C on the real estate listed in the separate sheet (hereinafter “instant commercial building”) and used it.

B. On March 8, 2017, the Plaintiff purchased the instant commercial building and completed the registration of ownership transfer in the name of the Plaintiff. On March 10, 2017, the Plaintiff prepared a lease agreement with the Defendant to succeed to the existing lease agreement.

C. Examining the content of the lease contract made between the Plaintiff and the Defendant, the lessee shall pay the monthly rent of KRW 2,100,000 (excluding value-added tax) on the second day of each month, and in the event that the lessee fails to pay the rent more than three consecutive times, the lessor may immediately terminate the lease contract.

From April 2, 2017 to November 1, 2017, the Defendant paid only KRW 2,310,000 among the rent for seven months from August 21, 2017, and KRW 2,310,00 on October 13, 2017, and the Defendant did not pay the rent from November 2, 2017 to the day.

E. In the instant complaint, the Plaintiff expressed his/her intent to terminate the contract on the grounds of the Defendant’s delinquency in payment of rent, and the said warden reached the Defendant on December 7, 2017.

[Evidence] Facts without dispute, Gap evidence Nos. 1, 2, 3-1 and 2, the purport of the whole pleadings

2. According to the above findings of determination, since the lease contract between the Plaintiff and the Defendant was terminated as the Defendant’s delinquency in payment, the Defendant is obligated to deliver the instant commercial building to the Plaintiff and pay the Plaintiff the amount of KRW 11,50,000 (=2,100,000 x 1.1 x 7 months - 2,310,000 - 2,310,000 - 2,310,000 on the date following the date following the calculation of the above overdue rent, and to pay the rent or unjust enrichment equivalent to the amount of KRW 2,310,00 per month from November 2, 2017 to the date following the completion of delivery of the instant commercial building.

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

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