(영문) 서울남부지방법원 2020.09.16 2020가단227008

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(영문) 서울남부지방법원 2020.09.16 2020가단227008

건물인도

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1. The Defendant: (a) the Plaintiff:

Attached Form

(b) deliver the real property listed in the list;

2,46,590 won and 2,319,600 won among them.

Reasons

1. Where a lease contract is terminated, such as the termination of a contract under Article 4 (1) from June 15, 2016 to June 14, 2018, with the court having jurisdiction over the place of housing under Article 4 (1) of Article 12, where an occupant fails to pay monthly rent (payment deadline) 126,030 won (the last day of each month), monthly rent (payment deadline) for 126,030 won (the last day of each month) of Article 3 (2), the details of classification of the facts of recognition, the occupant shall recover the indicated house and deliver it to the owner of the housing, and LH shall return the occupant's share after confirming that the occupant has delivered the indicated house to the owner of the housing. LH shall preferentially deducts the rental fee, management fee, other public charges, expenses incurred by the occupant from the overdue rental charges, and public charges, etc.

A. On April 23, 2016, the Plaintiff entered into a sub-lease contract (hereinafter “instant contract”) with the Defendant with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as follows.

B. From August 2018, the Defendant delayed the monthly rent under the instant contract. On February 29, 2020, the unpaid monthly rent and late payment charge amounting to KRW 2,446,590 (=the unpaid monthly rent amounting to KRW 2,319,60).

C. The Plaintiff filed the instant lawsuit seeking the delivery of the instant real estate and the payment of unpaid monthly rent, etc., on the grounds that the Defendant had failed to pay rent for more than three years.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. Determination

A. According to the above facts, the instant contract was lawfully terminated around that time by serving on the Defendant a duplicate of the instant complaint containing the intent of termination on the ground of the Defendant’s delinquency of rent for at least three months, on April 14, 2020.

Therefore, the defendant shall be the plaintiff.

유사 판례

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