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(영문) 서울중앙지방법원 2017.07.21 2016가단42013
건물명도 등
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1. The Defendant (Appointed Party) is to the Plaintiff (Appointed Party) and the Appointed B:

(a) the third floor of the real estate listed in the separate sheet;

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) is the owner of the 1/4 share of 249.24 square meters of neighborhood living facilities with the third floor portion of real estate indicated in the attached list (hereinafter “instant building”) and the Appointed B is the owner of the 1/2 share of the said building.

B. On November 28, 2014, the Plaintiff and the Appointed B entered into a lease agreement with the Defendant (Appointed Party; hereinafter “Defendant”) on a condition that the lease deposit amount of KRW 15 million for the instant building, KRW 3 million for monthly rent of KRW 3 million (the fifth day of each payment date), and management fee amount of KRW 500,000 per month (hereinafter “instant lease agreement”).

The Selection C is operating a party hall in the name of "D" at this place.

C. The Defendant did not pay a total of KRW 15 million (3 million per month x five months) from January 5, 2015, which was the first rent payment date, to May 5, 2015.

Around that time, the Defendant made an oral agreement with the Plaintiff to reduce the rent of KRW 1.5 million per month. From June 5, 2015 to November 5, 2015, the Defendant paid the rent of KRW 9 million (one million per month x six months) from June 5, 2015, and the rent of KRW 9 million from December 5, 2015 to June.

On April 5, 2016, the overdue rent as of April 5, 2016 is KRW 7.5 million (one million per month x five months).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

2. Determination as to the claim against the defendant

A. According to the above facts of recognition 1), the Defendant did not pay more than three rents, and on this ground, the instant lease contract was lawfully terminated on April 11, 2016, clearly stating that the date when the copy of the complaint of this case stating the Plaintiff’s expression of intent to terminate was served on the Defendant. Therefore, barring any special circumstance, the Defendant is the Plaintiff and the Appointed B (hereinafter “Plaintiff, etc.”).

The building of this case is delivered to the Corporation, and the building of this case is delivered on January 2015.

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