(영문) 광주지방법원 2021.01.14 2020가단510909

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(영문) 광주지방법원 2021.01.14 2020가단510909

건물인도

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The Plaintiff

A. The Defendants deliver four-story housing units 97.4 square meters among the buildings listed in the attached list;

B. Defendant B shall be entitled to the payment on January 2019.

Reasons

1. Basic facts

A. On April 24, 2015, the Plaintiff entered into a lease agreement with Defendant B on the lease of four-story housing units 97.4 square meters (hereinafter “instant building”) from among the buildings listed in the attached Table owned by the Plaintiff (hereinafter “instant building”) and delivered the said building on May 10, 2015, by setting the lease term from May 10, 2015 to May 10, 2017 (hereinafter “instant lease agreement”).

B. Defendant B did not pay to the Plaintiff the difference from January 10, 2019.

(c)

Defendant C transferred the instant building from Defendant B, the wife without the Plaintiff’s consent, and has been residing in the instant building until now.

(d)

The plaintiff declared that the lease contract of this case is terminated through the service of a copy of the complaint of this case on the grounds of the delinquency in payment of rent between the defendant B and the defendant B. On April 8, 2020, the copy of the complaint of this case was served on the defendant B.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, 7 (including branch numbers), and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement between the Plaintiff and the Defendant was terminated on April 8, 2020 upon the Plaintiff’s declaration of termination on the ground of the delinquency in rent between the Defendant B.

Accordingly, according to the termination of the instant lease agreement, Defendant C, the lessee, is obligated to occupy the instant building without permission, and to deliver the instant building to the Plaintiff. Defendant B, the lessee, is obligated to pay the Plaintiff the rent or unfair benefit equivalent to the rent, calculated at the rate of KRW 300,000 per month from January 10, 2019 to the completion date of delivery of the said building.

3. If so, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition with the assent of all.

유사 판례

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