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Reasons
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(영문) 부산지방법원동부지원 2020.02.19 2019가합104883
건물명도(인도)
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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. Facts of recognition;

A. On June 25, 2018, the Plaintiff leased real estate listed in the attached list owned by the Plaintiff (hereinafter “instant condominium”) to the Defendant for lease deposit of KRW 100,000,000, monthly rent of KRW 20,030,000 (Additional Tax separately), and from June 26, 2018 to June 13, 2020.

(hereinafter “instant lease agreement”). B.

In August 2018, the Defendant sent to the Plaintiff a document evidencing that KRW 22,03,00, KRW 13,033,000 from September 2018, and KRW 4,033,00 from October 2018, and KRW 4,03,000 from November 2018, and KRW 22,03,000 from May 27, 2019, and KRW 100,00,000 from the lease deposit and KRW 1,00,00 from May 27, 2019, the Defendant did not pay the remainder of the lease and the lease deposit and KRW 22,00 from May 22, 2019 to the Plaintiff. However, the Defendant did not pay the remainder of the lease and the lease deposit and KRW 3,00 to the Plaintiff.

C. On June 17, 2019, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant lease contract is terminated on the grounds of delay of the payment of rent and lease deposit, and the change of the use of the instant condominium building without permission, and the said content-certified mail reached the Defendant on June 18, 2019.

The defendant currently occupies the aggregate building of this case.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, Gap 4-1, 2, Gap 5-1, 2, Gap 6-1, 2, Gap 6-1, 7-2, Gap 7-1, 2, and 5-1, and 2, and all ratss of the pleadings

2. According to the facts found above, the Defendant did not perform the obligation to pay the rent and the obligation to pay the deposit for lease under the instant lease agreement, and the Plaintiff expressed his intent to terminate the instant lease agreement on June 17, 2019, and thus, the Defendant is obligated to deliver the instant aggregate building to the Plaintiff.

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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