(영문) 제주지방법원 2015.01.27 2014가단7291

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(영문) 제주지방법원 2015.01.27 2014가단7291

건물명도 등

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1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the Schedule of Real Estate;

B. From June 27, 2014, the foregoing.

Reasons

1. Facts of recognition;

A. On June 26, 2010, the Plaintiff: (a) each real estate listed in the attached real estate list (hereinafter “instant real estate”; (b) the building is a prefabricated warehouse facility; and (c) the down payment of KRW 1 million (no security deposit exists; and (d) the down payment is replaced by annual rent) to the Defendant on June 26, 2010; and (c) the annual rent of KRW 1 million each year

6. A lease agreement was concluded to pay on 26.26. (hereinafter “instant lease agreement”) and delivered the instant real estate.

B. On June 26, 2010, the Defendant paid only one million won the down payment corresponding to the first annual rent and unpaid two years thereafter. On October 29, 2012, the Plaintiff notified the Defendant that the instant lease was terminated on the ground of the second annual rent, and the said notification reached the Defendant on October 30, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, 4, 5-1, 5-2, and the purport of the whole pleadings.

2. Determination

A. According to the above facts, since the instant lease contract was terminated due to the Defendant’s delinquency in using two or more occasions, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstances, and to pay the amount equivalent to the annual rent of KRW 2 million for the overdue rent of KRW 2 million and the rent of KRW 2 million for the period from June 27, 2013 to October 30, 2012, which is the date following the expiration date of the period for the application of the rent of KRW 200,000 for the overdue rent of KRW 83,00 for each month, which is within the limit of the share of KRW 12 months divided by the Plaintiff.

B. The Defendant alleged that the instant lease contract was terminated on the ground that the Plaintiff violated the duty of prohibition of sub-lease to the Defendant around 2011, and the Defendant demanded the removal of facilities at around KRW 17.2 million, and the Defendant’s act of good faith by bringing about approximately KRW 17.2 million.

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