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Reasons
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(영문) 서울서부지방법원 2017.07.07 2016가단25587
건물명도
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1. The defendant shall be the plaintiff.

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

B. From August 23, 2016, 4,471,260 won and the foregoing.

Reasons

1. Facts of recognition;

A. On March 19, 2015, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). The monthly rent from March 23, 2015 to March 22, 2016 (one year) shall be KRW 3.3 million per month, but the monthly rent shall be KRW 3.3 million per month when paying KRW 39.6 million per year.

If the lessee (the defendant) fails to pay the rent more than twice, the lease contract of this case may be terminated.

B. According to the terms of the instant lease agreement, the Defendant paid the Plaintiff KRW 3 million on March 18, 2015, KRW 30 million on the 19th of the same month, KRW 30 million on the 23th of the same month, and KRW 39.6 million on the 23th of the same month (one-year rent).

C. Although the Defendant paid the Plaintiff a new rent from March 23, 2016, which was one year after the lease period, to the Plaintiff, the Defendant paid the rent for two months (the rent from March 23, 2016 to May 22, 2016) to KRW 300,000 and KRW 330,000 on June 1, 2016, the Defendant paid the rent for two months (the rent from March 23, 2016 to May 22, 2016).

On August 29, 2016, the Plaintiff sent to the Defendant a certificate that the instant lease agreement is terminated.

Since then, the defendant shall pay the plaintiff the monthly rent of four months from May 23, 2016.

8. Only the rent was paid until 22. D. Meanwhile, the Defendant did not pay the aggregate of KRW 4,471,260 for the management expenses imposed on the instant real estate from July 2015 to July 2016. [The entries in the evidence A No. 1 to 6 of the grounds for recognition, and the purport of the entire pleadings.]

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination on August 29, 2016 due to the Defendant’s delinquency in payment of two or more rents, and thus, the Defendant delivered the instant real estate to the Plaintiff, and paid the unpaid management expenses KRW 4,471,260, and KRW 6/60 from August 23, 2016 (as seen earlier, from March 23 to August 22, 2016).

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