(영문) 의정부지방법원 2016.04.29 2015가단36785

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(영문) 의정부지방법원 2016.04.29 2015가단36785

건물명도 등

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1. The defendant shall be the plaintiff.

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

B. From February 2, 2014, above A

subsection (b).

Reasons

1. Facts of recognition;

A. On September 11, 2013, the Plaintiff leased the instant real estate owned by the Plaintiff (hereinafter “instant real estate”) to the Defendant, with the lease deposit of KRW 10 million, KRW 500,000 per month, and the lease term from October 2, 2013 to October 2, 2015, and delivered the instant real estate to the Defendant on October 2, 2013.

B. The Defendant paid only the monthly rent for four months after the delivery of the instant real estate, and did not pay the monthly rent up to the present day. The Plaintiff on September 1, 2015 and the same month.

7. The Defendant notified the Defendant that the lease contract was terminated on the grounds of the unpaid rent.

C. At present, the real estate in this case is located in the defendant C (determination in lieu of conciliation).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including virtual number), the purport of the whole pleadings

2. Determination

A. As the Defendant did not possess the instant real estate, the instant lawsuit seeking the delivery of the instant real estate against the Defendant is an unlawful lawsuit against the non-qualified person.

However, in a lawsuit for performance, a person asserted as the performance obligor by the plaintiff has the standing to be the defendant, so the defendant's defense is without merit.

(B) As above, the Defendant, who is in the status of a lessee, bears the duty to deliver the leased object when the lease contract is terminated, regardless of whether or not he directly occupies the instant real estate.

According to the above facts of recognition as to the cause of claim, the lease contract between the plaintiff and the defendant on the real estate of this case between the plaintiff and the defendant was terminated due to the plaintiff's termination notice on the grounds of the defendant's unpaid rent

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, a lessor.

In addition, the Defendant from February 2, 2014 to the date of delivery of the instant real estate to the Plaintiff. 500.

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