(영문) 인천지방법원 2019.05.01 2018가단20063

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(영문) 인천지방법원 2019.05.01 2018가단20063

건물명도

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1. The defendant shall be the plaintiff.

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

(b) from February 11, 2018 to the annexed list.

Reasons

1. Basic facts

A. On June 10, 2017, the Plaintiff leased the instant real estate listed in the separate sheet (hereinafter “instant real estate”) between the Defendant and the Defendant, with a deposit of KRW 1,000,000 (payment upon contract), monthly rent of KRW 300,00 (payment on the tenth day of each month), and the lease term of KRW 300,000 (payment on the tenth day of each month), from June 10, 2017 to 12 months, on condition that the lessor may terminate the lease contract (hereinafter “instant lease”), and thereafter, delivered the instant real estate to the Defendant by the time.

B. On February 10, 2018, the Plaintiff received only the monthly rent for eight months until February 10, 2018, and thereafter did not receive the monthly rent, and issued a certificate indicating the termination of the instant lease agreement on June 26, 2018.

However, the Defendant did not receive the certification of the above content, the Plaintiff filed the instant lawsuit claiming the Defendant to terminate the instant lease agreement, deliver the instant real estate, and pay the overdue rent. The duplicate of the instant complaint was served on August 20, 2018 on the Plaintiff.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the lease contract of this case is deemed to have been terminated by delinquency for at least two months in the monthly rent of the defendant, barring special circumstances. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay to the plaintiff the unpaid rent or unjust enrichment equivalent to the amount of 300,000 won per month from February 11, 2018 to the completion date of delivery of the real estate of this case, as requested by the plaintiff.

B. On July 2017, the floor of the instant real estate in which the Defendant’s assertion on the assertion was made was flooded around July 1, 2017.

Therefore, the defendant requested the plaintiff to repair the house, but the plaintiff refused to repair the house.

The sewage seems to have been flown.

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