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(영문) 창원지방법원 2014.10.23 2013나32752

건물명도 등

Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 5,921,850.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 16, 2009, the Plaintiff purchased buildings listed in the attached list from C on April 16, 2009 and completed the registration of ownership transfer on the 27th of the same month.

B. Before the above sale, the Defendant: (a) leased the instant singing room with deposit money of KRW 20 million and KRW 750,000 per month and operated a singing room; (b) the Plaintiff succeeded to the status of the lessor from C in consultation with the original Defendant and C on April 30, 2009; (c) according to the agreement between the original Defendant and C, the term of lease was extended to May 21, 2010; and (d) the date of rent payment was set as the 30th day of each month by the agreement between the original Defendant and the Defendant.

(hereinafter referred to as the “instant lease contract”) succeeded to the original Defendant.

The instant lease agreement continued to run a singinging business even after the maturity date, and it was implicitly renewed by the Plaintiff due to its failure to raise an objection.

On February 4, 2014, the Defendant delivered the instant singing to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the main claim

A. The purport of the Plaintiff’s assertion is that: (a) the Plaintiff was paid the rent from May 1, 2009 to July 201, 2010 among the rent from May 1, 2009, the day following the succession date of the said lessor’s status; (b) the Plaintiff was lawfully terminated the lease by exercising the right to terminate the lease on or around November 30, 2012 due to the Defendant’s delinquency in payment of rent for at least two years; (c) accordingly, the Defendant is obligated to pay the Plaintiff the amount calculated by deducting deposit of KRW 20 million from the rent from August 1, 2010 to October 31, 2012; and (d) the amount calculated by deducting deposit of KRW 20 million from the rent from the rent from November 1, 2012.

B. The judgment of the court of this case 1 is based on each of the evidence Nos. 1 and 3 as to the termination of the lease contract of this case and the statement No. 1 and 3.