beta
(영문) 수원지방법원 2015.12.17 2015가단16558

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. 6,040,000 won and this shall be decided November 2015.

Reasons

1. Basic facts

A. On March 20, 2013, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on the instant building owned by C, stating that “The deposit shall be KRW 5,00,000 for security deposit, and the lease period shall be KRW 80,000 for monthly rent from April 15, 2013 to April 15, 2015, and monthly rent of KRW 800,000 for late payment on the 15th day of each month” (hereinafter “instant lease agreement”), and C began to operate a restaurant in the instant building.

B. C’s agent paid the remainder of deposit KRW 4,00,000 and monthly rent of KRW 2,400,000 to the Plaintiff on April 15, 2015.

C. On September 2013, the Defendant acquired C’s lessee status under the instant lease agreement and started to operate a restaurant, and the Plaintiff, a lessor, did not raise any objection.

The Defendant paid monthly rent to the Plaintiff as indicated in the following table, and did not pay monthly rent after October 21, 2014, which is the last payment date.

Serial 80,000 on September 10, 2013; 200 on October 18, 2013; 300,00 on January 28, 2013; 80,000 on February 26, 2014; 80,000 on February 26, 200 on May 26, 2014; 80,000 on March 80, 200 on April 17, 200 on 80,00 on May 21, 2014; 30,000 on May 80, 200 on July 28, 2008; 10,000 on August 28, 2014; 10, 1008;

E. The Defendant operated a restaurant at the instant building, and closed the said restaurant on July 9, 2015.

[Reasons for Recognition] Facts without dispute, Gap 1, 4 evidence, Eul 7 and 8 evidence (including numbers), the purport of the whole pleadings

2. The Defendant’s defense of this case is a lessee of the instant lease agreement, and thus, asserted that the instant lawsuit seeking the delivery and delayed monthly rent, etc. of the instant building against the Defendant is unlawful. However, in the performance lawsuit, the Plaintiff is the Defendant, who is designated as the obligor, and thus, its assertion cannot be accepted.

3. Determination on the cause of the claim

A. Since the content of the instant lease agreement was terminated, it sought delivery of the instant building, and the Defendant sought the instant building.