(영문) 서울서부지방법원 2015.12.10 2015가단228228

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(영문) 서울서부지방법원 2015.12.10 2015가단228228

건물명도

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1. The defendant

(a) deliver the buildings listed in the separate sheet;

B. From October 26, 2015, the above buildings are constructed.

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is added to each entry in Gap evidence Nos. 2 through 6 (including paper numbers).

Attached Form

On February 27, 2013, the Plaintiff, the owner of the real estate listed in the list (hereinafter “instant store”) entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 3,00,000, and KRW 210,000 per month (25,000 per month on the payment date).

B. According to the instant lease agreement, when the Defendant delays the payment of rent, management expenses, public imposts, etc., the Plaintiff may notify the Defendant of the appropriation for the rent, management expenses, and public imposts from the lease deposit to supplement the shortage of the lease deposit. In the event that the Defendant fails to pay the rent, management expenses, public imposts, etc. for at least three months, the lease contract

C. By January 25, 2015, the Defendant delayed the payment of KRW 1,938,639 in total for the rent and management expenses for the five-year period. On February 11, 2015, the Plaintiff appropriated the rent, etc. in arrears from the lease deposit, and notified the Defendant to supplement the insufficient amount of KRW 1,938,639.

The Plaintiff submitted to the court the instant complaint stating the Defendant’s declaration of intent to terminate the instant lease agreement on the grounds of the delinquency in rent, and the duplicate was served on the Defendant on August 18, 2015.

E. On July 29, 2015, the Defendant paid to the Plaintiff KRW 1,938,639 for the shortage of deposit for lease, and paid all the difference until October 25, 2015.

2. Determination:

A. According to the above facts, the lease contract of this case was lawfully terminated upon delivery to the defendant of a copy of the complaint of this case containing the plaintiff's expression of termination on the grounds of delinquency in rent of the defendant. Thus, barring any special circumstance, the defendant is obligated to deliver to the plaintiff the store of this case.

B. Furthermore, the Plaintiff on July 1, 2015 to the Defendant.

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