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Reasons
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(영문) 수원지방법원 2018.10.25 2017가단39906
건물인도등
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 15, 2015, the Plaintiff and the Defendant are KRW 78.74 square meters (hereinafter “instant leased building”) of part 78.74 square meters in the ship connected each point in sequence with the indication of drawings 1, 2, 3, 4, 5, 6, 7, and 1 among the 118.79 square meters on the 1st floor of the building indicated in the attached Table, which is owned by the Plaintiff, among the buildings owned by the Plaintiff, from March 15, 2015: Provided, That the lease agreement shall be concluded by June 25, 2016, and the remainder of six months until September 25, 2015 (hereinafter “the instant lease agreement”).

B. After the conclusion of the argument of this case, the Defendant operates a coffee shop with the trade name “C” in the leased building of this case from the date of the conclusion of the argument of this case.

【Reason for Recognition】 Each entry of Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) According to the Plaintiff’s assertion (1) according to the instant special agreement clause, the rent of up to June 25, 2015 is KRW 1 million per month, and the rent of up to September 25, 2015 is KRW 300,000 per month, and thereafter, the rent from October 2015 to March 14, 2016, when the instant lease term expires, shall be adjusted and decided first by the Plaintiff and the Defendant, and if mediation is not conducted, it shall be deemed that the instant special agreement does not exist and shall be KRW 500,00 per month.

After the instant lease agreement, the Defendant paid the Plaintiff a normal rent for September 2015 (from September 25, 2015 to September 25, 2015), but in the case of rent after October 2015, the Defendant paid only KRW 1,500,00 per month as the rent even if no agreement was reached between the Defendant and the Defendant on March 7, 2018, when a copy of the instant complaint was served to the Defendant. However, the Defendant did not pay the remainder KRW 3.5 million per month as the rent.

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