(영문) 서울북부지방법원 2018.10.16 2018가단11173

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.10.16 2018가단11173

건물인도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From 6,400,000 won and May 30, 2018

Reasons

1. Basic facts

A. On June 15, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 800,000, and the term of lease from July 30, 2017 to July 30, 2019 with respect to the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”).

B. The Defendant paid KRW 20,000,000 to the Plaintiff and occupied the instant real estate by taking over it from the Plaintiff. From August 31, 2017, the period for calculating the amount of September 2017 to the Plaintiff:

9. From March 19, 2018, the Plaintiff did not pay the monthly rent. (c) On March 19, 2018, the Plaintiff sent to the Defendant a certificate of content that “the termination of the instant lease was notified on the ground of a six-month grace period, and the delivery of the instant real estate by April 30, 2018,” and reached the Defendant around that time. [The Plaintiff did not have any dispute over the grounds for recognition, the entries in subparagraphs A and 5, and the purport of the entire pleadings.”

2. We examine whether the lease contract of this case was lawfully terminated, and if the delayed amount of rent of a lessee reaches the amount of rent of two years pursuant to Article 640 of the Civil Act, a lessor may terminate the contract. The plaintiff filed the lawsuit of this case and asserted that the defendant was in arrears with the rent from September 2017. In relation to the lease, the fact of the payment of rent is that the lessee bears the burden of proof (see, e.g., Supreme Court Decision 2004Da19647, Jan. 13, 2005). The defendant did not submit evidence to prove that the lease contract of this case was paid on time. Accordingly, the lease of this case was lawfully terminated on March 19, 2018, on the ground of the plaintiff's delivery of proof of the contents of rent of more than two years.

Therefore, the Defendant delivers the instant real estate to the Plaintiff, and for eight months from August 31, 2017 to April 30, 2018.

참조조문

-민법 제640조

참조판례

-대법원 2005. 1. 13. 선고 2004다19647 판결

유사 판례

-서울북부지방법원 2019.01.15 2018가단16024

-서울북부지방법원 2019.01.15 2018가단6164

-광주지방법원 2015.11.12 2015가단14452

-부산지방법원 2019.02.12 2018가단322179

-인천지방법원 2018.10.17 2018가단207891