(영문) 의정부지방법원 2016.12.15 2016가단17408

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(영문) 의정부지방법원 2016.12.15 2016가단17408

건물명도 등

Text

1. The defendant

(a) deliver the buildings listed in the separate sheet;

B. From May 5, 2016, the delivery of the above building.

Reasons

1. Facts of recognition;

A. On February 5, 2016, the Plaintiff purchased a building listed in the separate sheet (hereinafter “instant apartment”) from the Defendant’s mother C, and completed the registration of ownership transfer in its name on the same day.

B. On April 5, 2016, the Plaintiff agreed to pay 3,000,000 won for lease deposit for the instant apartment, KRW 700,000 per month for rent, and KRW 700,000 for the term of lease from May 5, 2016 to May 4, 2018 (hereinafter “instant lease agreement”) on the same day when concluding a lease agreement (hereinafter “instant lease agreement”) between the Defendant and the Defendant who had resided in the instant apartment. The Plaintiff agreed to pay 27,00,000 won for the remainder on the date of the contract, and to pay the remainder on May 5, 2016.

C. In addition, the Plaintiff and the Defendant concluded a special agreement with the following terms at the time of the instant lease agreement:

[Matters of Special Agreement]

-a contract for the present status of the facility;

- The lessee will remove the house at the time of removal.

- A lessee who has not made an outstanding payment of KRW 30,000,000 at the remainder of the deposit shall withdraw until July 5, 2016, and the lessee shall waive the down payment of KRW 3,00,000,000.

-the deposit, other than 13,964,710 won, shall be kept by the lessor as a deposit after the remainder of the purchase and sale;

- Other matters shall be in accordance with the Lease Protection Act and the custom pursuant thereto;

By May 5, 2016, the Defendant did not pay KRW 16,035,290 remaining after deducting KRW 13,964,710, which was stipulated by the said special agreement, from the deposit deposit of KRW 30,00,000,000. Accordingly, the Plaintiff notified the Defendant of his/her intention to cancel the lease agreement by content-certified mail on May 10, 2016. The said declaration of intention reached the Defendant around that time.

E. As of the date of closing argument, the defendant occupies the apartment of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement is due to the Defendant’s failure to pay the remainder.

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