beta
(영문) 서울북부지방법원 2016.02.17 2015가단110130

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 3,500,000 to the Plaintiff (Counterclaim Defendant).

2. The plaintiff (Counterclaim defendant) is the opposing defendant.

Reasons

1. Facts of recognition;

A. On February 12, 2013, the Plaintiffs, among the buildings listed in the separate sheet, owned by the Plaintiffs to the Defendant, leased 2,3,8,9,9,000 square meters in the separate sheet (hereinafter “instant store”) among the buildings listed in the separate sheet, which are owned by the Plaintiffs, by setting the deposit amount of KRW 10 million, KRW 70,000 per month, KRW 70,000 per month, and the period from March 12, 2013 to March 11, 2015.

(hereinafter “instant lease agreement”). B.

The Defendant, while operating “D” at the instant store on November 2014, had opened the instant store and opened a new page in order to perform interior works.

C. The Plaintiff thought that the Defendant intended to immediately substitute the instant store without permission, and arbitrarily replaced the key of the entrance door of the instant store, but following the following day, the Plaintiff sent a new key to the Defendant by dividing it with the Defendant.

On October 30, 2014, the Defendant paid the Plaintiff the rent of KRW 700,000 (the rent from September 12, 2014 to October 11, 2014). The Defendant left the instant store with only “D” sign and left the inside as above.

E. On September 2, 2015, the Defendant expressed to the Plaintiff that the instant store would not be superior even if leased to a third party at the instant conciliation date.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 5 evidence, Eul 8 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff asserted that the termination of the instant lease agreement was delayed by the Defendant’s two or more vehicles, the Plaintiff terminated the instant lease agreement, there is no evidence to acknowledge that the Plaintiff terminated the instant lease agreement.

The instant lease agreement was terminated on March 11, 2015 after the expiration of the period.

B. As to the claim for the delivery of the instant store, the instant store was put up with only the signboard from November 2014, and on September 2, 2015.