(영문) 대전지방법원 2020.04.16 2019가단17284

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(영문) 대전지방법원 2020.04.16 2019가단17284

건물명도

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 1, 2018, the Plaintiff and the Defendant concluded a lease agreement with respect to the instant store (hereinafter “instant lease agreement”) between KRW 30 million, monthly rent of KRW 2.2 million, and the lease period from December 1, 2018 to November 30, 2019 (hereinafter “instant lease agreement”).

The Defendant did not pay the rent from August 2018, and the Plaintiff terminated the lease contract on the grounds that the Defendant did not pay the rent.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff and pay the unpaid rent and the amount of damages equivalent to the rent.

2. Determination

A. As to the plaintiff's above assertion, the defendant asserts that the lessee under the lease contract of this case operated the computer repair store at the store of this case, not the defendant, and the defendant is only the manager of the above computer repair store.

B. According to the evidence No. 1, the fact that the name of the defendant is indicated in the tenant column on the instant store under the instant lease agreement prepared in the name of the plaintiff and the defendant is recognized.

C. However, comprehensively taking account of the overall purport of the pleadings in the statement No. 3 (including the provisional number), the Plaintiff entered into a lease agreement with C as to the instant store with C on October 1, 2013 with the following: (a) the Plaintiff entered into a lease agreement with the Plaintiff on the condition that the lease deposit and monthly rent are the same on December 1, 2015; and (b) on December 1, 2016; and (c) on December 1, 2017, the lease agreement was entered into between the Plaintiff and the Defendant on December 1, 2018; and (d) the instant lease agreement was entered into with the Plaintiff and the Defendant on December 1, 2018 with the same contractual term as that of the previous lease agreement and affixed the seal of C with the Defendant’s name adjacent to the lessee’s name.

According to the above facts, the lease contract of this case was drafted in the sense that the existing lease contract of this case between the plaintiff and C is renewed.

유사 판례

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-인천지방법원 부천지원 2018.05.25 2018가단1812

-대전지방법원홍성지원 2017.10.24 2017가단4737

-창원지방법원진주지원 2019.01.10 2018가단3782