(영문) 서울서부지방법원 2015.10.07 2014가단40421

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Reasons

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(영문) 서울서부지방법원 2015.10.07 2014가단40421

건물명도

Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the third floor of 119.73 square meters among the real estate listed in the attached list;

B. Does 2013.

Reasons

1. Determination as to the cause of claim

A. On December 23, 2012, the Plaintiff entered into a lease agreement with Defendant B, setting the deposit amount of KRW 60 million with the third floor of KRW 119.73 square meters (hereinafter “instant building”) from January 10, 2013 to January 9, 2018, with the term of lease of KRW 4180,000 per month (including value-added tax, and payment on the nine day of each month) among the real estate listed in the attached list.

On February 2, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C from Defendant C to Defendant C with the same content as the said lease agreement, and agreed to the effect that “only when the deposit is returned, the Plaintiff shall return it in the presence of Defendant B” as a special agreement.

Defendant C used the instant building as a funeral, and paid 4,180,000 won to the Plaintiff as monthly from January to August of 2013, respectively, and paid 2,90,000 won as monthly from September of 2013.

Since November 25, 2013, Defendant B occupied, used the instant building from around November 25, 2013, and paid 4,180,000 won to the Plaintiff as monthly from October 2013 to December 201.

The defendants do not pay monthly rent, and they occupy the building of this case.

Accordingly, the Plaintiff expressed to the Defendants the intent to terminate the instant lease agreement by serving the instant complaint on the grounds that the amount of the overdue rent falls under the amount of two-year rents.

[Reasons for Recognition] Unsatisfy, Gap 1 to 12, the purport of the whole pleadings

B. The instant lease agreement was terminated by the Plaintiff’s declaration of intention to terminate the contract for reasons of the Defendants’ delinquency in rent. Therefore, the Defendants, who are ratified as a joint lessee, jointly delivered the instant building to the Plaintiff, and transferred the instant building from December 26, 2013 to December 25, 2013 (the monthly rent paid by the Defendant was appropriated for the monthly rent from December 25, 2013), and KRW 4,180,000 per month until the delivery of the said building is completed.

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