(영문) 수원지방법원 성남지원 2018.07.06 2017가합404739

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(영문) 수원지방법원 성남지원 2018.07.06 2017가합404739

건물명도(인도)

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1. The Plaintiff, Defendant A, and Defendant B, each of the real estate listed in the separate sheet No. 1, and the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. On July 9, 2015, the Plaintiff leased the real estate listed in the separate sheet No. 1 to Defendant A at KRW 15,90,000, monthly rent of KRW 191,000, and on June 21, 2016, the Plaintiff leased the real estate listed in the separate sheet No. 2 at KRW 19,590,000, monthly rent of KRW 212,000 (hereinafter “each of the instant real estate”), and around that time, transferred each of the instant real estate to the Defendants.

On the other hand, the main contents of each of the instant lease agreements are as follows.

(4) The lessee shall pay the rent for the month by the end of each month, and if he/she fails to pay it, he/she shall pay the overdue charge calculated by applying the overdue rate under paragraph (3) to the overdue charge.

Article 10 (Cancellation and Termination of Lease Contracts) (1) Where a lessee commits any of the following acts, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:

4. Where the rent is in arrears for at least three consecutive months;

B. However, the Defendants did not pay monthly rents more than three consecutive times from September 2016 to May 2017.

C. Accordingly, the Plaintiff declared that each of the instant lease agreements will be terminated through the service of the duplicate of the instant complaint, and the duplicate was served on the Defendant B on July 25, 2017, and on March 28, 2018, respectively.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-3, 4, 2-3, and 4-4, the purport of the whole pleadings

2. According to the facts of the above recognition, each of the instant lease agreements was terminated on the grounds of the Defendants’ delinquency in payment of rent for at least three years, and the Defendants are obligated to deliver each of the instant real estate to the Plaintiff.

As to this, Defendant B paid a part of the overdue rent, and it is expected that it will continue to pay in the future.

유사 판례

-서울남부지방법원 2016.10.14 2016나56200

-청주지방법원 2015.11.04 2015가단108079

-서울서부지방법원 2018.09.28 2017가단241539

-수원지방법원 2016.03.24 2015가단129720

-청주지방법원 2016.01.20 2014가단163888