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(영문) 대구지방법원 2015.10.07 2014나20675
건물명도 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The plaintiffs' lawsuit acceptance and succession.

Reasons

1. Basic facts

A. Around July 2006, the deceased A (hereinafter “the deceased”) entered into a lease agreement with the Defendant on the first floor of the commercial building located in the racing-si C (hereinafter “instant building”) and delivered it to the Defendant, and the Defendant operated a singing shop in the instant building from around that time.

B. On July 28, 201, the Deceased concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) setting the lease deposit amount of KRW 10,000,000 for the instant building, monthly rent of KRW 900,000, monthly management expenses, monthly management expenses of KRW 75,000, and one-year lease term of KRW 1 year for the instant building (hereinafter “instant lease agreement”).

C. The Defendant paid the Deceased only rent and management expenses up to July 2012, and suspended the operation of the singing shop on February 28, 2013, and delivered the instant building to the Deceased on August 28, 2013.

The Deceased died on June 17, 2015, and the Plaintiff D inherited 3/11 shares as the wife of the Deceased, and the remaining Plaintiffs inherited 2/11 shares as their children.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5 (including branch numbers in case of additional number), Eul evidence No. 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts acknowledged earlier, the instant lease contract was terminated without implied renewal on July 27, 2013, and thus, the Defendant is obligated to pay the Plaintiffs the monthly rent and management fee from July 29, 2012 to August 28, 2013, the delivery date of the instant building (i.e., KRW 12,675,00,000 (=975,000 x 13 months).

Although the Defendant did not use or benefit from the instant building as its original usage after the termination of the instant lease agreement, since the lease deposit was already deducted due to overdue rent, etc. before the termination of the said lease agreement, it shall be delivered until it is delivered.

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