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Reasons
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(영문) 의정부지방법원 2020.05.20 2019가단12916
건물인도등
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. KRW 4,080,000 and as regards this, August 3, 2019

Reasons

1. Facts of recognition;

A. In order to secure the debt of Nonparty C Co., Ltd., the Plaintiff trusted the real estate indicated in the attached Form (hereinafter “instant real estate”) to Nonparty D Co., Ltd., and completed the registration of collateral trust on May 25, 2010.

B. On May 29, 2017, with the consent of the above D Co., Ltd., the trustee, the Plaintiff entered into a lease agreement with the Defendant to lease the instant real estate to the Defendant with the following content (hereinafter “instant lease agreement”), and leased the instant real estate to the Defendant.

1. Lease deposit: Monthly rent of KRW 10,000 (including value-added tax, and KRW 23,000 (including value-added tax), 880,000: Term of lease: From August 24, 2017 to August 23, 2018: Parking lot and warehouse;

C. However, the Defendant did not pay the Plaintiff the monthly rent from March 2018, and did not pay the monthly rent of KRW 4,080,000 as of June 2019.

Article 10 of the instant lease agreement provides, “If a lessee fails to pay a monthly rent, the late payment charge of 11% per annum shall be imposed, and if the lessee fails to pay a monthly rent at least three times, the lessor may terminate the instant contract.”

E. On July 6, 2018, the Plaintiff sent a document verifying the content to the Defendant, and expressed his/her intent to terminate the instant lease agreement on the grounds of delinquency in rent at least three occasions each month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 11, 12, and 13, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the lease contract of this case seems to have been lawfully terminated since the defendant delayed not less than three times a month, and barring any special circumstance, the defendant is obligated to deliver the real estate of this case to the plaintiff by means of restitution.

In addition, as of June 3, 2019, the Defendant’s total monthly rent of KRW 4,080,000 and its record is obvious from August 3, 2019 to the Plaintiff on the day following the delivery date of a copy of the complaint in this case.

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