건물명도 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts without dispute;
A. On April 22, 2002, the network C leased the instant store to the Defendant with the lease deposit amounting to KRW 50,000,000, KRW 2700,000 per month, KRW 100,000 per month, management expenses, and KRW 24 months for the lease term (hereinafter “instant lease contract”), and thereafter, the instant lease contract has been implicitly renewed.
B. The net C died on October 25, 2007.
2. The plaintiff's assertion
A. After the death of the deceased of the deceased of the deceased of the deceased of the Defendant, the Defendant began to delay the rent from around that time to December 2013, which led to the failure to pay a total of KRW 180,478,458.
B. On October 4, 2013, the Plaintiff, the deceased C’s heir, notified the Defendant of the termination of the instant lease agreement on the grounds of delinquency in rent at least two times, and the instant lease agreement was lawfully terminated.
C. Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, and pay the Plaintiff the amount of KRW 130,478,458 (130,478,458,458, the sum of KRW 50,00,000, out of the rent in arrears from the lease deposit to December 2, 2013, and the amount of KRW 12,250,000, including the cost of restoring the original state, such as the cost of toilet construction, toilet removal, restaurant removal, and heating transfer construction, and the cost of delayed payment thereof. The Defendant is obligated to pay the Plaintiff the amount of KRW 142,728,458,458 (12,250,000) and delay damages therefrom, and the amount of unjust enrichment equivalent to the amount of KRW 2,70,00,000 from January 22, 2014 to the completion date of delivery of the instant store.
3. Determination
A. Article 547(1) of the Civil Act provides that “If one or both of the parties is involved, the termination or rescission of the contract shall be made against all or some of them.”
Therefore, in the event that one of the parties to a lease contract dies and there are several successors, the inheritor intends to terminate the said contract, barring special circumstances, such as the other party’s special agreement, all of the inheritors shall express their intention of termination.