(영문) 인천지방법원 2015.07.08 2014나13563

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(영문) 인천지방법원 2015.07.08 2014나13563

점포명도

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1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 20, 2013, the Plaintiff and the Defendant concluded a lease agreement with the lease deposit amounting to KRW 10,000,000, the lease deposit amount to KRW 24 months, and the rent amount to KRW 1,100,000 (20,000 per month on the payment date) for the buildings listed in the separate sheet (hereinafter “instant store”).

B. On March 7, 2014, the Plaintiff sent to the Defendant a certificate of the content that the instant lease agreement was terminated on the ground that “the Defendant was in arrears for at least four minutes from December 2013 to February 2014, including the monthly payment obligation once a month that was succeeded by the former lessee,” and that “the Defendant was in arrears for at least four times from December 2013 to February 2014.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Since the Plaintiff’s assertion that the instant lease agreement was terminated due to the Defendant’s delinquency in rent, the Defendant is obliged to receive money from the Plaintiff after deducting the overdue rent from the lease deposit under the instant lease agreement, and at the same time to deliver the instant store to the Plaintiff.

B. According to the purport of the statement and the whole pleadings as to the legitimacy of the instant lawsuit ex officio, it can be acknowledged that the Defendant, around April 12, 2014, unclaimed the instant store and delivered it to the Plaintiff. As such, the Plaintiff, who already received the instant store, had no legal interest in seeking the delivery of the instant store by the instant lawsuit.

Therefore, the instant lawsuit is unlawful because there is no benefit to protect the rights.

3. Thus, the lawsuit of this case shall be dismissed as it is unlawful, and the judgment of the court of first instance is unfair, and it is so decided as per Disposition with the cancellation of the judgment of the court of first instance and the dismissal of the lawsuit of this case.

유사 판례

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