beta
(영문) 전주지방법원 2018.02.09 2017가단17117

건물인도 등

Text

1. Among the instant lawsuits, the part on the claim for delivery of real estate indicated in the separate sheet and the delivery of the said real estate from December 30, 2018.

Reasons

1. The plaintiff's assertion is as follows.

C

2. Determination on the legitimacy of a lawsuit

A. In full view of the overall purport of the pleadings as to whether the portion of the claim for the delivery of real estate was lawful, the Plaintiff entered into a lease agreement with the Defendant around December 30, 2016, including the lease deposit of KRW 50 million, monthly rent of KRW 1.8 million, and the term of lease from December 30, 2016 to December 29, 2018.

Meanwhile, the Plaintiff’s claim for delivery of real estate appears to the purport of seeking delivery of the building upon the expiration of the lease term. As such, in a situation where the lease contract between the Plaintiff and the Defendant remains valid, it is unlawful as the Plaintiff’s claim for future performance is not acknowledged

(B) Even if the plaintiff seeks an immediate delivery of the instant real estate, there is no ground to acknowledge that the lease contract for the instant real estate was rescinded).

From December 30, 2018 to the expiration date of delivery of the above real estate, the Rental Protection Act applies thereto.

'It is difficult to view that the purport of this part of the claim sought by the Plaintiff is specified specifically.

Therefore, this part of the claim is also unlawful.

3. The Plaintiff asserts that the Defendant is obligated to pay KRW 2,260,000,00 for the monthly rent of 1.8 million which was initially agreed from January 1, 2018 to December 29, 2018, adding 20% of the rent stipulated in the Lease Protection Act to the monthly rent of 1.8 million.

However, there is no ground to acknowledge that the Defendant is liable to pay the Plaintiff 1.8 million won in addition to the monthly rent of 1.8 million won.

The plaintiff's above assertion is without merit.

4. Conclusion, part of the lawsuit in this case is unlawful as described in the above Paragraph 2, and the increased rent claim is dismissed as it is without merit.