beta
(영문) 부산지방법원 2016.05.18 2015가합46891

건물명도

Text

1. The defendant on June 22, 2006, as to each real estate listed in the separate sheet to the plaintiff, the Busan District Court's Dong Branch of the District Court.

Reasons

1. Indication of claim;

A. On June 22, 2006, the Plaintiff and the Defendant concluded a lease agreement with the term “300,000,000 won for lease deposit, 3,500,000 won for rent (on the last day of each month), and 4 years from June 22, 2006 for each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”), and delivered each of the instant real estate to the Defendant.

B. In addition, in order to secure the lease deposit as stipulated in the above lease contract on the same day, the Plaintiff made the lease deposit as the lease deposit, and completed the registration of the establishment of the lease on June 22, 2006 to September 30, 2010 with respect to each of the instant real property as to each of the instant real property as to the Busan District Court's Dong Branch Branch of the Busan District Court on June 22, 2006.

(hereinafter referred to as “registration of creation of each chonsegwon of this case”).

After that, on October 30, 2009, the first lease contract of this case was extended, and the term of the lease contract of this case was changed from September 30, 201 to September 30, 2012 to September 30, 2014 (the term of the second lease contract of this case was 250,000,000,000, and the term of the lease was 3,200,000,000, and 24 months from the contract date (hereinafter “the second lease contract of this case”). The term of each lease contract of this case was changed from September 30, 2010 to September 30, 2012 (the Busan District Court Decision 69503, Jul. 6, 2011). < Amended by Presidential Decree No. 23954, Sep. 30, 2012>

On the other hand, Article 8 of the second lease contract of this case provides that "if a lessee delays monthly rent three or more times, the lessor shall notify the lessee of the payment by fixing a considerable period of time, and if the lessee fails to pay the rent within such period, the lessor may terminate the contract." The Defendant did not pay the rent from November 25, 2009 to the present date, and the Plaintiff did not pay the rent to the Defendant even though the Plaintiff urged the Defendant to pay the rent.

E. Therefore, the plaintiff is the defendant.