(영문) 인천지방법원부천지원 2019.07.10 2019가단10639

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(영문) 인천지방법원부천지원 2019.07.10 2019가단10639

건물명도 등

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1. The Defendant shall pay to the Plaintiff KRW 1,742,410, and KRW 5% per annum from May 23, 2019 to July 10, 2019, and complete payment from the following day.

Reasons

1. Basic facts

A. On May 16, 2018, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from C, and sub-leaseed the said real estate to the Defendant on May 16, 2018, by setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 1,200,000 (excluding value-added tax), and the sublease period from June 1, 2018 to April 30, 2019.

(hereinafter referred to as "the sub-lease contract of this case". On the other hand, the sub-lease contract of this case determined that the lessor may terminate the lease in case the deferred amount of rent of the sub-lessee amounts to two (2) rents.

B. The Plaintiff delivered the instant real estate to the Defendant in accordance with the instant sublease contract, and the Defendant paid the Plaintiff KRW 5,000,000 for the sublease deposit.

C. On August 29, 2018, the instant real estate was suffering from flood damage due to heavy rain on August 29, 2018, and the Defendant did not pay the difference after August 2018.

Accordingly, on December 21, 2018, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant sub-lease contract is terminated as of December 31, 2018 on the grounds of the delinquency of two or more rents, and the said content-certified mail reached the Defendant around that time.

E. Around January 2019, the Defendant removed the instant real estate from the said real estate at the rate, and the Plaintiff disposed of the goods and waste materials owned by the Defendant, which were remaining in the said real estate at the beginning of March of the same year.

[Ground of recognition] Facts without dispute, Gap's evidence 1, Gap's evidence 2, Gap's evidence 2, Gap's evidence 4, Gap's evidence 6, Gap's evidence 7, Gap's evidence 8, and the purport of whole pleadings

2. Determination

A. According to the facts as to the termination of the sub-lease contract of this case, it is reasonable to view that the sub-lease contract of this case was lawfully terminated on December 31, 2018 due to the overdue rent of two or more sub-lessees, barring any special circumstances.

As to this, the defendant is due to the centralized rain around August 28, 2018.

유사 판례

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