(영문) 서울북부지방법원 2016.05.13 2016가단3710

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(영문) 서울북부지방법원 2016.05.13 2016가단3710

건물명도

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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On August 26, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 22,290,00, monthly rent of KRW 212,80, and the contract term from August 26, 201 to August 31, 2013 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. According to Article 10(1) Subparagraph 8 of the “3. General Terms of Contracts” written between the Plaintiff and the Defendant, the Plaintiff may terminate the instant lease contract in cases where the Defendant did not enter into a life expectancy or renewal contract despite the expiration of the term of lease.

In addition, according to Article 1 (1) of the "4. Special Conditions for Lease Agreement", the plaintiff can renew the lease contract on a two-year basis with the defendant who maintains the requirements for occupancy of rental housing (non-resident). In this case, the defendant must accept the terms and conditions of lease deposit, rent, etc. as determined by the plaintiff and notify the plaintiff of his intention to renew the contract one month prior to the expiration of the lease term.

C. On July 2013, 2013, before the termination of the instant lease agreement, the Plaintiff sent a notice to the Defendant to conclude a renewal contract with the content of raising 5% each of the lease deposit and rent. However, the Defendant did not conclude the renewal contract with the Plaintiff.

For this reason, the Plaintiff terminated the instant lease agreement on November 1, 2015, and at that time, the Plaintiff’s notice of termination was delivered to the Defendant.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 3, 5 through 7, and the purport of the whole pleadings

2. According to the above facts of recognition, since the instant lease contract was terminated due to the Defendant’s failure to conclude the renewed contract, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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