beta
(영문) 청주지방법원 2019.10.31 2019가단27963

건물명도 등 청구의 소

Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) As from April 1, 2019, each of the above real estate.

Reasons

1. Facts of recognition;

A. On August 2014, C: (a) around August 2014, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”; and (b) the commercial building was leased to the Defendant with the lease deposit of KRW 12 million, monthly rent of KRW 900,000,000, and the period from August 15, 2014, respectively.

(hereinafter “instant lease agreement”). B.

On January 28, 2016, the Plaintiff, who succeeded to the lessor status under the instant lease agreement upon completing the registration of ownership transfer of each of the instant real estate, asserts that the lease agreement of this case was terminated after the expiration of the term of validity. The Plaintiff filed a lawsuit against the Defendant to seek the transfer of each of the instant real estate, etc. in this Court Decision 2016Gadan13024, which is the appellate court, was transferred to conciliation under 2017Na149 in this Court Decision 2017Na245, which is the appellate court, and agreed to remove part of the second floor of the instant building and the first floor. The Defendant, as a compensation, paid KRW 12 million to the Defendant. ② The period of the former term of the lease agreement of this case is extended by December 31, 2019, and the period of the lease agreement of this case is changed to KRW 10 million,000,0000,0000,000,0000,000.

C. The Defendant paid to the Plaintiff the Plaintiff KRW 1.2 million on January 23, 2019, KRW 24 million on February 6, 2019, KRW 800,000 on February 29, 2019, KRW 5.2 million on June 2, 2019, and KRW 5.2 million on June 2, 2019, and did not pay the remainder.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. According to the fact of the above recognition, the sum of the rent of KRW 108 million in arrears by the Defendant (=the sum of the rent of KRW 20,000 from May 1, 2017 to March 31, 2019 (the rent of KRW 7,8, and September, 2017) was exempted from the obligation to pay, as seen earlier.

The sum of rent 1.0