(영문) 춘천지방법원속초지원 2020.05.12 2019가단200913

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(영문) 춘천지방법원속초지원 2020.05.12 2019가단200913

건물명도(인도)

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. A lessee under Article 3 (Change of Use and Sub-lease, etc.) shall not change the use or structure of the said real estate, transfer the sub-lease, or provide the security, and use it for any purpose other than the purpose of lease without the consent of the lessor;

[Matters of the special agreement]

6. It shall not be changed to any use other than car page, and it may be changed after obtaining consultation with the lessor in the event of the change of the type of business due to the lessee.

7. The lessee shall subscribe to the fire insurance and business liability insurance within the limit of one month as of the contract date, and submit a copy of the subscription certificate to the lessor;

On April 26, 2017, the Plaintiff agreed with the Defendant to enter into a lease agreement with the term of KRW 20 million (including value-added tax), KRW 770,000 per month of rent (including value-added tax), and the term of lease as of April 26, 2019 (hereinafter “instant lease agreement”) as follows. Around that time, the Plaintiff delivered the instant store to the Defendant.

B. On March 8, 2019, the Defendant sent to the Plaintiff a content-certified mail that contains a declaration of intent to require the renewal of the instant lease agreement under the Commercial Building Lease Protection Act, which was served on the Plaintiff at that time.

C. On March 22, 2019, the Plaintiff sent to the Defendant a content-certified mail that contains an expression of intent to terminate the instant lease agreement on the grounds that the Defendant, in breach of its duty under the instant lease agreement, sub-leaseed the instant store without permission or changed its use, and did not subscribe to fire insurance, etc. under Article 7 of the terms of the instant special agreement. The said content-certified mail was served on the Defendant on March 25, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, evidence 4-1, 2, 5, Eul evidence 1, 8, 9, the purport of the whole pleadings

2. Summary of parties' arguments;

A. The Plaintiff’s assertion violates the obligation under the instant lease agreement as follows.

참조조문

-상가건물 임대차보호법

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