(영문) 수원지방법원 2018.05.31 2017가단25594

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2018.05.31 2017가단25594

건물명도

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1. The defendant has the following points in sequence 1, 2, 3, 4, and 1 among the real estate listed in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. On June 11, 2015, the Plaintiff concluded a lease agreement with the Defendant for the lease deposit of KRW 1 million, the monthly rent of KRW 350,00,00,000, and the lease term from June 11, 2015 to June 10, 2016, with respect to the portion of KRW 33 square meters inboard (A) connected each point in sequence with the indication 1, 2, 3, 4, and 1 of the attached drawings among the underground floors of the building C in Yeongdeungpo-gu, Suwon-gu, Suwon-si (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). At the time, the lessor agreed that the lease agreement may be immediately terminated if the overdue rent of the lessee reaches the two-year overdue rent.

B. On August 7, 2017, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that the amount of the overdue rent in arrears reaches KRW 5,450,00,000, but the Defendant did not pay the rent thereafter.

C. On August 14, 2017, the Plaintiff filed the instant lawsuit seeking delivery, etc. of the instant real estate on the premise that the instant lease contract was terminated, and the Defendant was served with a duplicate of the instant complaint on April 3, 2018.

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

2. According to the above facts finding as to the cause of the claim, it appears that the Defendant’s failure to pay the rent to reach the rent of two years. The Plaintiff sent a notice of termination to the Defendant and filed the instant lawsuit at the latest, and the instant lease agreement was lawfully terminated on April 3, 2018, which received to the Defendant, and barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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