beta
(영문) 부산지방법원 2017.08.22 2017가단314317

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant A received KRW 110,000,000 from the Plaintiff, and at the same time, a building listed in the attached Table.

Reasons

1. Facts of recognition;

A. On March 16, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A, setting the lease deposit amount of KRW 110 million, KRW 4290,00,000,000,000 for lease deposit, and the lease period of KRW 30,000,000,000 as of June 30, 201 (hereinafter “instant lease agreement”).

B. Defendant A, upon delivery of the instant store, operates a restaurant with the trade name “C” with Defendant B, the husband of the instant store.

C. Since June 26, 2013, the rent was increased by 4.730,00 won per month, and the lease term was extended by June 30, 2015, which was extended by June 30, 2015, and the change contract was concluded to change the lease term by June 30, 2017.

The Plaintiff, on December 21, 2016, obtained a building permit from the competent authority around December 21, 2016, and notified each Defendant A of the following facts: (a) on March 24, 201, each of the buildings listed in the separate sheet approved for use on June 26, 2017 is likely to have been removed and reconstructed due to the aging of the building; and (b) the renewal of the instant lease agreement is not possible; and (c) on June 30, 2017, each of the Defendant A prepared for reconstruction on June 26, 2017: < Amended by Presidential Decree No. 27817, Jun. 30, 2017>

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 4 (including each number), and the purport of the whole pleadings

2. According to the above facts, since the lease contract of this case terminated on June 30, 2017, the expiration of the expiry date, Defendant A, while receiving the lease deposit amount of KRW 110 million from the Plaintiff, delivered the instant store to its original state at the same time, and Defendant B, along with Defendant A, has the duty to occupy and use the instant store, to leave the instant store.

In this regard, the defendant A bears the burden of the plaintiff.