beta
(영문) 부산지방법원 2016.08.17 2015나47942

건물명도

Text

1.The judgment of the first instance shall be modified as follows:

The defendant is paid KRW 140 million from the plaintiff.

Reasons

1. Facts of recognition;

A. On September 3, 2010, the Plaintiff entered into a lease agreement with the Defendant and the instant real estate amounting to KRW 140 million, KRW 250,000,000 per month, and the term of the contract from September 30, 2010 to September 30, 2012 (hereinafter “instant lease agreement”). On October 1, 2012, the Plaintiff concluded an agreement to increase the rent of the said lease agreement by KRW 300,00 per month and extend the term of the contract by September 30, 2014.

B. On May 30, 2014, the Plaintiff did not remain for the Defendant for two-year additional parcels of credit.

The plan to sell the apartment at maturity is required to leave the director plan and other ongoing matters.

The Defendant sent the Kakakao Stockholm message with the content of the above message, and then the Defendant confirmed the content of the message, “Ne, Ne. K.N., N.C., N.C.

C. On August 4, 2014, the Plaintiff sent the Kakakao Stockholm message to the Plaintiff. The Plaintiff sent on August 4, 2014, the Plaintiff sent the Defendant a Kakao Stockholm message stating that “on the ten-month maturity, the date of directors came to string. It is necessary to sell and sell a house, but at the latest nine months from the real estate at the latest, the Defendant confirmed it.”

On October 29, 2014, the Plaintiff sent a content-certified mail to the Defendant, notifying the termination of the instant lease agreement.

On the other hand, the Plaintiff and the Defendant agreed to raise the rent of this case as KRW 350,00 per month around May 2014. The Defendant paid to the Plaintiff the amount equivalent to the rent of KRW 350,000 per month during the period until May 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 through 3 (including each number, if any, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Plaintiff’s period from six months to one month before the expiration of the instant lease agreement, around May 30, 2014, and the same year.