(영문) 수원지방법원 안산지원 2018.10.05 2018가단3090

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(영문) 수원지방법원 안산지원 2018.10.05 2018가단3090

건물명도 등

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1. The defendant shall pay 2,770,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit;

Reasons

1. Basic facts

A. At the time of October 8, 2015, the Defendant: (a) leased the instant building from C, the owner of the part stated in the purport of the claim (hereinafter “instant building”) among the third floor of the real estate listed in the attached Table, to pay the lease deposit amount of KRW 5,000,000; (b) monthly rent of KRW 600,000; (c) value-added tax and management expenses; and (d) leased the building (hereinafter “instant lease agreement”); and (e) the lease agreement term is stipulated as follows.

Article 2 (Duration) A lessor shall deliver the said real estate to the lessee by October 8, 2015, in a condition that it can be used for the purpose of the lease, and the term of lease shall be 12 months from the date of delivery until October 8, 2017.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

Matters of special agreement

1. Contract after the actual inspection of the current facilities;

2. The lessee shall be liable for all matters concerning the lessee’s business.

3. A lessee shall be liable to preserve the original form of the leased object at the time the contract is concluded and to repair it at the lessee's expense if it is damaged during the use, but the lessor shall repair it if it is broken of the deteriorated facility that is not liable to the lessee;

B. The Defendant established and operated a English private teaching institute in the instant building, and the Plaintiff purchased the instant building from C on January 4, 2016, and completed the registration of ownership transfer on May 26, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. Even if the lease contract of this case asserted by the Plaintiff 1 was terminated on October 8, 2017, the Defendant is obligated to deliver the instant building to the Plaintiff who succeeded to the lessor status under the instant lease agreement, since it did not deliver the instant building to the Plaintiff.

In addition, the defendant pays the difference from November 9, 2016.

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