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Reasons
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(영문) 광주지방법원 2019.05.03 2018가단534254
건물명도(인도)
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1. The Plaintiff:

A. The part of the ship (A) which connects each point of the annexed drawings No. 1, No. 2, No. 3, No. 4, No. 1 to the defendant B.

Reasons

1. Basic facts

A. On June 14, 2016, the Plaintiff entered into a lease contract with Defendant C by designating the lease deposit amount of KRW 50,000,000, monthly rent of KRW 3,20,000 (excluding value-added tax, and KRW 3,70,00,00,000, monthly rent of KRW 3,20,00 (to increase the amount of KRW 3,70,000,00,000 from August 15, 2017 to KRW 3,70,000), among real estate listed in the attached list owned by the Plaintiff as indicated in the Plaintiff’s attached list.

(hereinafter “instant lease agreement”). B.

Defendant C had been operating a marina at the instant store, and from September 2017, Defendant C did not pay monthly rent under the instant lease agreement from September 201 to the date of closing argument.

C. The Plaintiff’s failure to identify who either of the Defendant B and Defendant C is a lessee, and thus, to Defendant C on March 30, 2018, the same year.

5.9. Defendant B expressed his/her intent to terminate each of the instant lease agreements.

[Ground of recognition] With respect to Defendant B: A without dispute, entry of evidence No. 1, and evidence No. 3, and the purport of the whole pleadings as to Defendant C: deemed confession (Article 150(1) and (3) of the Civil Procedure Act)

2. According to the allegations and the above findings, the instant lease agreement was terminated by the Plaintiff’s declaration of intent to terminate the lease agreement on the grounds that the monthly rent is unpaid. Defendant B, as the lessee of the instant lease agreement, delivered the instant store to the Plaintiff, and Defendant C, as the occupant of the instant store, is obligated to leave the instant store.

In addition, Defendant B, as a lessee of the instant lease agreement, is obligated to pay the amount equivalent to KRW 3,520,000, monthly rent and unjust enrichment equivalent to the monthly rent and rent after August 15, 2017, from August 15, 2017 to the completion date of delivery of the instant store.

On the other hand, after Defendant C entered into the instant lease agreement, the Plaintiff is actually at the instant store.

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