(영문) 광주지방법원 2018.04.19 2017가합56433

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(영문) 광주지방법원 2018.04.19 2017가합56433

건물명도(인도)

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1. The defendant shall be the plaintiff.

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

B. KRW 176,60,000 and July 1, 2017

Reasons

1. Basic facts

A. On January 26, 2016, the Plaintiff entered into a lease contract with the Defendant for the lease deposit of KRW 300,000,000, monthly rent of KRW 14,600,000 (in addition, value-added tax, management expenses, and prepaid payment on the first day of each month) and the lease contract between February 1, 2016 and February 1, 2018 (hereinafter “instant lease contract”). The said contract includes a special agreement that the lessor may immediately terminate the lease if the delayed rent of the lessee amounts to the two-term rents.

B. Around that time, the Defendant received the instant building from the Plaintiff, and the Defendant is operating a oriental medical hospital with the trade name of oriental medical hospital from the instant building up to now.

C. The Defendant did not pay to the Plaintiff the rents and value added taxes for 176,60,00 for up to 11 months, which aggregate of March, 8 through December, 2016 and 1, 2, 4 through 6, 2017, and 176, 660,000 [=(14,60,000 won 1,460,000) x 11 month]. The Defendant did not pay to the Plaintiff at all from July, 2017 to June.

On December 14, 2016, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is terminated on the ground that it was overdue for at least three times, and the said certificate reaches the Defendant around that time.

E. Even after sending the certificate of content as of December 14, 2016, the Plaintiff sent again a certificate of content to the Defendant to the same effect on July 3, 2017, and the said certificate reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was lawfully terminated on July 3, 2017 by the Plaintiff’s exercise of the right to terminate the lease on the ground of the Defendant’s delinquency in rent. Therefore, the Defendant, barring any special circumstances, shall be deemed the Plaintiff.

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