(영문) 서울북부지방법원 2015.11.12 2015가단23014

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(영문) 서울북부지방법원 2015.11.12 2015가단23014

건물인도

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1. The plaintiff's claim of this case is all dismissed.

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

Reasons

1. Basic facts

A. On January 22, 2013, D Co., Ltd. (hereinafter “Nonindicted Company”) entered into a lease agreement with Defendant B by setting the lease deposit of KRW 10 million, monthly rent of KRW 500,000 (additional rent) and the lease period from March 1, 2013 to February 28, 2014 with respect to the buildings listed in the separate sheet No. 1 as indicated in the separate sheet No. 1, and thereafter, the said lease agreement was amended by extending the lease period from February 26, 2014 to February 28, 2015 and raising the rent of KRW 550,00 (Additional rent separately).

B. In addition, between E and January 10, 2013, with respect to the buildings listed in the separate sheet No. 2, the non-party company entered into a lease agreement with the term from February 1, 2013 to January 31, 2014, setting the lease agreement as the lease deposit of KRW 10 million, the monthly rent of KRW 500,000 (additional rent) and the lease period from February 1, 2013 to January 31, 2014. Defendant C succeeded to the status of the lessee on March 2013, and thereafter, the said lease agreement was amended to extend the lease period as of January 28, 2015 to increase the lease period to KRW 550,00 (Additional rent) as of January 31, 2015.

C. As to each of the above commercial buildings, on January 28, 2015, the Plaintiff acquired ownership from the development of the Geumcheon Industry Co., Ltd., the previous owner on January 13, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, and 6 to 10

2. The gist of the cause of the Plaintiff’s claim is that the Defendants and the former owners agreed to increase the monthly rent of KRW 1.3 million and KRW 9 million, but the Defendants did not comply with the agreement. As a copy of the complaint of this case, the Defendants expressed their intent to terminate each of the above lease agreements on the grounds of nonperformance of the contract. Since each of the above lease agreements has been lawfully terminated by the Plaintiff’s declaration of intent to terminate the contract, the Defendants are obligated to deliver each of the buildings listed in the attached Tables 1 and 2 List to the Plaintiff.

3. The monthly rent is KRW 1.3 million between the owner or lessor of each building listed in the separate sheet No. 1 and No. 2 and the Defendants.

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