(영문) 서울중앙지방법원 2015.05.12 2014가단220550

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(영문) 서울중앙지방법원 2015.05.12 2014가단220550

건물인도등

Text

1. The defendant,

A. From 1,885,34 won to 1,885,334 won, real estate listed in the separate sheet from April 29, 2015.

Reasons

1. Determination on the cause of the claim

A. 1) On August 27, 2013, the Plaintiff and the Defendant indicated in the separate sheet (hereinafter “instant real estate”) on August 27, 2013.

(2) From September 21, 2013 to September 20, 2014, the lease term is 12 months, the lease deposit is 10,000,000, and the monthly rent is 680,000,000, and the lease contract was concluded on the last day of each month (hereinafter “instant lease contract”).

(2) However, the Defendant did not pay a monthly rent from May 2014 to the instant lease agreement.

3) On August 22, 2014, the Plaintiff sent to the Plaintiff a document verifying the content that the instant lease contract is terminated on the grounds of the Defendant’s delay, and was served on August 25, 2014. (4) The Defendant did not continue to pay the monthly rent from May 1, 2014 to the closing date of pleadings of the instant lease contract. As of April 28, 2015, the unpaid monthly rent of the instant lease agreement was KRW 8,114,66 [(680,000 x 11)].

[Reasons for Recognition] Evidence No. 1, Evidence No. 3, Evidence No. 4, Evidence No. 5-1, and 2, the purport of the whole pleadings

B. According to the above facts finding as to the cause of the claim, the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s delay of rent reaches the Defendant on August 25, 2015, and thus, the instant lease agreement was lawfully rescinded on August 25, 2014.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff upon the termination of the instant lease agreement, and the Defendant is obligated to pay the Plaintiff the amount calculated at the rate of KRW 860,000 per month from May 1, 2014 to the completion date of delivery of the instant real estate.

2. Judgment on the defendant's assertion

A. The defendant shall comply with the plaintiff's request until the plaintiff redeems the deposit for lease.

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