(영문) 의정부지방법원고양지원 2020.12.17 2020가단3843

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(영문) 의정부지방법원고양지원 2020.12.17 2020가단3843

건물명도 등

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Defendant B shall be the Plaintiff

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

B. From March 27, 2020, 18,000 won and above.

Reasons

1. Basic facts

A. On February 27, 2019, the Plaintiff leased to Defendant B the lease deposit amounting to KRW 30 million, monthly rent of KRW 3 million, and KRW 3 million, which was fixed from February 27, 2019 to February 26, 2020 (hereinafter “instant lease contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), and if the monthly rent falls short of two, the Plaintiff may terminate the said lease contract.

B. Defendant B paid KRW 3 million on April 25, 2019 as the rent under the instant lease agreement, KRW 3 million on June 1, 2019, KRW 3 million on June 1, 2019, and KRW 15 million on September 17, 2019, and did not pay KRW 3 million on the monthly rent under the said lease agreement.

C. The Plaintiff, on the grounds of Defendant B’s delay of more than two occasions, declared that the instant lease contract was terminated by the delivery of a copy of the instant complaint, and the said copy of the complaint reached Defendant B on June 24, 2020.

Defendant B and C have resided in the instant real estate at the time of the closure of the pleadings of this case.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4, the whole purport of the pleading

2. Determination on the claim

A. According to the facts as seen earlier prior to the determination of the Plaintiff’s claim, it is reasonable to deem that the instant lease contract was terminated due to the delivery of the duplicate of the instant complaint, barring any special circumstance. As so, according to the Plaintiff’s claim, Defendant B is obligated to deliver the instant real estate to the Plaintiff, and to pay to the Plaintiff the Plaintiff the monthly rent of KRW 18 million, not paid between September 27, 2019 and March 26, 2020, and the monthly rent of KRW 3 million calculated at the rate of KRW 3 million from March 27, 2020 to March 27, 2020, and Defendant C is obligated to withdraw from the said real estate.

B. Judgment 1 on the Defendants’ assertion 1) The Defendants paid twice monthly rent to the Plaintiff after the Defendants paid the Plaintiff the amount of monthly rent to the Defendants.

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