(영문) 울산지방법원 2018.01.24 2017가단13303

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(영문) 울산지방법원 2018.01.24 2017가단13303

건물인도 등

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1. The defendant shall be the plaintiff.

(a) deliver 84.03 square meters of six stories among the real estate listed in the attached list;

(b) KRW 12.6 million and April 2017.

Reasons

1. On August 6, 2013, the Plaintiff: (a) leased the six-story 84.03 square meters (hereinafter “instant building”) among the buildings listed in the attached Table list to the Defendant by setting the lease deposit amounting to KRW 10 million; (b) KRW 770,000 (including value-added tax); and (c) the lease period from August 30, 2013 to August 29, 2018.

(hereinafter “instant lease agreement”) The Defendant occupied the instant building upon delivery, and did not pay a rent for at least two months.

Accordingly, on June 15, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of delinquency in rent by content-certified mail.

The content-certified mail reached the defendant around that time.

The defendant has occupied and used the building of this case until now.

The sum of the rent in arrears by the Defendant until August 31, 2017 is KRW 22.6 million.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. Around June 15, 2017, the instant lease agreement was terminated by the Plaintiff’s notice of termination on the ground of the Defendant’s delay of rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and as requested by the Plaintiff, the Defendant is obligated to pay a sum of KRW 2,60,000,000,000 remaining after deducting KRW 10,000 from the deposit for lease until August 31, 2017, and the amount equivalent to the rent calculated at the rate of KRW 1,26 million from September 1, 2017, which was after the termination of the instant lease agreement, to the completion date of delivery of the instant building.

3. In conclusion, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff money calculated by the ratio of KRW 12.6 million to KRW 70,000 per month from September 1, 2017 to the completion date of delivery of the instant building. Accordingly, the Plaintiff’s claim is justified.

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