beta
(영문) 인천지방법원부천지원 2015.09.24 2014가단29775

건물명도

Text

1. The Defendant (Appointed Party) and the Appointor C jointly do so to the Plaintiff:

A. Real estate listed in the separate sheet No. 1 and annexed Form No. 2.

Reasons

1. Basic facts

A. On October 24, 2005, the Plaintiff entered into a lease agreement with the selected parties C by setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 1,000,000, and the lease term of November 30, 2005 as 12 months from November 30, 2005.

(hereinafter “instant lease agreement”). B.

In the instant lease agreement, the following was signed and sealed: “If the lease term of Article 6 expires, the lessee shall deliver the leased object to the lessor in the condition of the lease; and the lessor shall not recognize the goodwill premium of the commercial building; and in the back of the lease agreement, the appointee signed and sealed the content that “The Lessee does not require the lessor to pay the goodwill premium of the commercial building; the Lessee confirms that the Lessee did not receive the goodwill premium in relation to the instant lease agreement.”

C. The Defendant, etc. received the above real estate around November 2005, and from October 2008, occupied the instant commercial building part and jointly operated the phrase points.

The Plaintiff, the Defendant, etc. agreed to increase the monthly rent of KRW 1,200,00 as the monthly rent on December 1, 2007, and KRW 1,400,000 from December 1, 209, respectively, and each time thereafter the instant lease contract was renewed.

E. On August 30, 2010, the Plaintiff refused to renew the instant lease agreement and notified the Selection C of the termination thereof. The notification reached the Selection C around that time.

F. From July 2015, Defendant et al. paid KRW 1,400,00 per month to the Plaintiff under the name of rent, and continued to operate the instant commercial building.

G. The reasonable monthly rent of the instant commercial building is as follows.

On December 1, 2011- December 30, 201, November 30, 201; 2,440,000; 29,280,000 on December 1, 201- November 30, 201; 2,490,000; 29,880,00 on December 1, 201, 200 on December 1, 2012; 2,490,000; 29,880,00 on December 30, 2013; 2,490,000; 29,880,00 on December 1, 2013; 2,630,000; 31,000,560,000 on December 1, 2014;