(영문) 서울남부지방법원 2018.11.21 2018가단216203

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(영문) 서울남부지방법원 2018.11.21 2018가단216203

건물명도(인도)

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1. The defendant shall be the plaintiff.

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

B. From September 30, 2018, entry into the preceding paragraph.

Reasons

1. Determination on the cause of the claim

A. On December 17, 2015, the Plaintiff, the owner of the real estate listed in the [Attachment List (1) (hereinafter “the instant real estate”), as the owner of the real estate (hereinafter “the instant real estate”), was leased to the Defendant with the lease deposit of KRW 40 million, monthly rent of KRW 2,300,000 (in addition to value-added tax and management expenses, value-added tax and management expenses, and the subsequent payment on the 29th of each month), the lease term from December 30, 2015 to December 29, 2017 (hereinafter “the instant lease contract”), and thereafter the said lease contract was implicitly renewed.

(2) Based on the time of the instant lawsuit, the Defendant did not pay at least three rent 7,590,000 and management expenses for three or more periods from January 2018 to March 2018. However, payment was completed until September 2018 during the instant lawsuit.

However, management fee 4,398,970 is still unpaid.

(3) Meanwhile, on April 17, 2018, a duplicate of the instant complaint containing the purport that the instant lease contract is terminated on the grounds of the Defendant’s delay of rent reaches the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

B. According to the above facts, the instant lease contract was lawfully terminated on April 17, 2018 when the duplicate of the complaint was delivered to the Defendant, and thus, the Defendant lost the source of possessory right to the instant real estate. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay damages for delay at the rate of 15% per annum from April 18, 2018 to the date of full payment, as requested by the Plaintiff, at the rate of KRW 4,398,970, which is the day following the day when the duplicate of the complaint was delivered to the Defendant, and at the rate of KRW 15,530,00 per month from September 30, 2018 to the day when the name of the pertinent real estate is completed.

2. The plaintiff's claim is reasonable.

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