(영문) 대전지방법원천안지원 2015.11.12 2015가단638

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(영문) 대전지방법원천안지원 2015.11.12 2015가단638

건물명도 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 10, 2009, the Plaintiff entered into a lease agreement with C by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,200,000, and the term of lease from March 7, 2009 to March 7, 2014.

B. On May 4, 2012, the Plaintiff agreed to terminate the said lease agreement with C. On the same day, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant by setting the lease deposit of KRW 30,000,000 (C’s lease deposit of KRW 20,000,000), monthly rent of KRW 1,450,000 (additional rent of KRW 1,450,00) and the term of lease from May 4, 2012 to March 6, 2014.

C. At the time of entering into the instant lease agreement, the Plaintiff and the Defendant agreed that “if the lessee wishes to do so after the expiration of the lease term, the contract shall be renewed

(hereinafter referred to as the “instant special agreement”). [Grounds for recognition] There is no dispute, entry of evidence Nos. 1 to 3, and the purport of the whole pleadings.

2. On December 31, 2013, before the expiration of the term of the instant lease agreement, the Plaintiff notified the Defendant that the instant lease agreement will not be renewed if the contract was not renewed at an increased price with the deposit “70,000,000 won” and the monthly rent “1,00,000 won”. Since the Defendant did not express his/her intent to comply therewith, the instant lease agreement was terminated.

Therefore, the defendant asserts that the plaintiff is obligated to deliver the real estate of this case to the plaintiff and pay the unpaid rental fees and management expenses after the termination.

According to Gap evidence Nos. 4 and 5, the plaintiff notified the above contents on or around December 31, 2013 and received such notification to the defendant around that time. Meanwhile, according to Eul evidence No. 1, the defendant's notification was received, and it was based on the special agreement of this case to the plaintiff around January 6, 2014, which was after the plaintiff's notification.

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