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(영문) 제주지방법원 2018.06.08 2017가단61203
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On August 19, 2015, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant for the lease deposit of KRW 7,000,000, monthly rent of KRW 128,000, and the lease period of KRW 128,00, from February 29, 2016 to March 31, 2018.

(hereinafter “instant lease agreement”). B.

From August 2016 to October 2017, the Defendant did not pay a monthly rent at all, and the instant complaint, on November 15, 2017, where the Plaintiff declared that the instant lease was terminated on the grounds of the Defendant’s delinquency in rent, was served on the Defendant on November 15, 2017.

[Reasons for recognition] Confession, marked fact

2. Determination

A. According to the above facts, the instant lease contract was lawfully terminated by the Defendant’s monthly rent in arrears and the Plaintiff’s subsequent termination notice, and thus, the Defendant is obligated to deliver the instant apartment to the Plaintiff.

B. As to the above, the Defendant failed to pay the rent due to the lack of the ability to pay the rent, but the Defendant asserted that it cannot comply with the Plaintiff’s claim since the monthly rent in arrears was paid in part recently. However, as long as the instant lease contract was lawfully terminated as seen above, the Defendant paid the monthly rent in arrears thereafter.

Even if it is impossible to restore the lease contract of this case already terminated, the circumstance that the lessee was not able to pay the rent is not the ground for refusing the request for extradition of this case. Therefore, the above argument by the defendant is without merit without examining further.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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