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Reasons
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(영문) 춘천지방법원 2016.12.01 2015가단9120
건물명도 등
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1, Gap evidence 2, Gap evidence 5, Eul evidence 6, Eul evidence 1-1 and Eul evidence 1-2, and there is no counter-proof.

On January 6, 2005, the Plaintiff completed the registration of ownership transfer for the real estate indicated in the separate sheet from Nonparty C. At the time, the Plaintiff succeeded to the lease agreement concluded between Nonparty C and the Defendant on the portion (A), 2, 3, 4, 75.19 square meters in the ship (hereinafter “instant store”) that connects each point of the real estate listed in the separate sheet between Nonparty C and the Defendant in sequence.

B. From March 2005 to November 2008, the Defendant paid to the Plaintiff KRW 22,540,000 out of the monthly rent of KRW 700,000, the sum of KRW 24,500,000 ( KRW 700,000 X35), and the Defendant paid KRW 80,000 out of the monthly rent of KRW 80,000 from February 2, 2008 to November 2008.

C. On February 17, 2012, the Plaintiff and the Defendant concluded a lease contract with the instant store KRW 50,000,000, monthly rent of KRW 1,200,000, and the lease term of KRW 24 months (hereinafter “instant lease contract”).

The Defendant paid KRW 3,00,000 to the Plaintiff on February 15, 2012. From February 2, 2012 to December 7, 2015, the monthly rent of KRW 56,40,00 ( KRW 1,200,000 to X47) was paid to the Plaintiff KRW 54,760,00 from March 24, 2012 to December 2015 (in March 24, 2014, the Defendant paid KRW 1,020,000, KRW 11,40,000 to March 7, 2015). From March 22, 2014 to March 7, 2015, the Defendant paid KRW 54,760,000 to the Plaintiff respectively.

E. On December 30, 2013, the Plaintiff borrowed KRW 3,000,000 from the Defendant.

F. The duplicate of the instant complaint was served on January 5, 2016 on the Defendant.

2. Determination

A. The Plaintiff’s assertion 1 by the Plaintiff is that the Defendant paid only the rent up to May 2014 out of the monthly rent for the instant store, and on June 2014.

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