(영문) 서울남부지방법원 2021.02.04 2020가단4656

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(영문) 서울남부지방법원 2021.02.04 2020가단4656

건물인도 등

Text

1. Defendant (Counterclaim Plaintiff) delivered to the Plaintiff (Counterclaim Defendant) a building listed in the attached Table to the Plaintiff, and the KRW 4,664,00 and March 202.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 11, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit of KRW 50 million, monthly rent of KRW 3410,00,000, and the lease term from June 11, 2013 to June 11, 2016, with respect to the building listed in the separate sheet (hereinafter “instant building”), and delivered the instant building to the Defendant.

B. Since then, on May 25, 2016, the Plaintiff and the Defendant concluded a lease agreement again with the purport of extending the lease term by June 10, 2019 (the above lease agreement referred to as “the instant lease agreement”).

The Defendant did not pay the monthly rent corresponding to eight months between September 2016 and May 2018. On June 1, 2018, the Plaintiff sent to the Defendant a certificate of content that indicates the Defendant’s intent to terminate the lease agreement with the Defendant on the grounds of the delinquency of rent for at least three years, and the said certificate reached the Defendant on June 5, 2018.

(d)

The defendant's unpaid overdue rent as of March 11, 2020 is KRW 4,664,00.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts finding as to the claim on the main claim, the instant lease contract was terminated on June 2018 when the Plaintiff’s declaration of intent to terminate the instant lease contract was delivered to the Defendant on the grounds of the Defendant’s delinquency in payment of rent for at least three years.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff.

In addition, the amount of profit gained by the Defendant from occupying and using the instant building after the termination of the instant lease agreement is equivalent to the amount equivalent to KRW 3,410,000 per month of the instant building, which is presumed to be the same as the amount of KRW 3,410,000 per month of the instant lease agreement. On March 11, 2020, the Defendant’s unpaid arrears amounting to KRW 4,664,00 as of March 11, 202 is identical as seen earlier. As such, the Defendant and the Plaintiff from March 12, 2020 to March 12, 2020.

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