(영문) 수원지방법원 2016.05.12 2015가단115417

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(영문) 수원지방법원 2016.05.12 2015가단115417

건물명도

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1. The defendant shall be the plaintiff.

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

B. 22,100,000 won and May 1, 2015

Reasons

On January 1, 2005, the Plaintiff leased real estate listed in the attached list to the Defendant with a lease deposit of KRW 2 million, monthly rent of KRW 1 million, and KRW 24 million for the term of lease. After the term of lease expires, the Plaintiff and the Defendant were implicitly renewed the above lease after the term of lease expires, and the lease deposit amount of KRW 2 million shall be the same as the previous one on January 1, 2008, and the monthly rent shall be KRW 1.3 million; the Defendant made a lease contract again with a fixed monthly rent of KRW 1.3 million; the Defendant did not pay the monthly rent from December 1, 2013, and the fact that the Plaintiff served the Defendant with a copy of the complaint of this case stating that the lease contract is terminated on the grounds of arrears of the rent, or that the Plaintiff served the Defendant with a copy of the complaint of this case on the grounds of delay of the rent of this case, it can be recognized in full view of the purport of the entire pleadings as stated in the evidence as follows.

According to the above facts, the above lease contract concluded between the Plaintiff and the Defendant is deemed to have been lawfully terminated upon the termination of the Plaintiff on the ground of the Defendant’s delinquency in payment of rent. Thus, barring any special circumstance, the Defendant is obligated to deliver real estate in attached Form to the Plaintiff, and pay rent of KRW 22,100,000 and rent of KRW 22,10,000 in arrears from December 1, 2013 to April 30, 2015, and the next day from May 1, 2015 to the completion date of delivery of the said real estate.

On March 24, 2016, the Defendant recognized the fact that the rent has not been paid from December 2, 2013 at the fourth day for pleading opened on March 24, 2016, and indicated that the said real estate is to be extradited until May 31, 2016, and that the Defendant would pay the rent of KRW 1,300,000 per month from December 1, 2013 to the date the delivery is completed.

Thus, the plaintiff's claim is justified and accepted.

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