(영문) 서울중앙지방법원 2018.06.20 2017가합581604

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(영문) 서울중앙지방법원 2018.06.20 2017가합581604

건물명도(인도)

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1. The Defendant (Counterclaim Plaintiff) receives KRW 30,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On May 30, 201, the Defendant and D entered into a lease agreement (hereinafter “instant lease agreement”) with the Building Trade Co., Ltd. (hereinafter “Building Trade”) as set forth in the following: (a) the instant store was KRW 30 million; (b) the rent of KRW 2.65 million; and (c) the lease term from May 30, 201 to October 16, 2012 (hereinafter “the instant lease agreement”).

B. On June 25, 2013, the Defendant: (a) extended the term of lease of the instant lease agreement and the instant lease agreement from October 16, 2012 to 24 months; and (b) changed the name of the lessee to the name of the lessee solely upon the renewal of the instant lease agreement.

C. On October 16, 2015, the Defendant renewed the instant lease agreement by extending the term of lease of the instant lease from October 17, 2015 to October 16, 2017, and making it KRW 3,300,000 per month as the tea.

On March 30, 2017, the Plaintiffs decided to succeed to the instant lease agreement while purchasing the building including the instant store from the building trade. On April 28, 2017, the Plaintiffs completed the registration of ownership transfer on the said building due to the said sales agreement.

(83/100, Plaintiff B’s equity 17/100). E.

On July 12, 2017, the Plaintiffs expressed their intent to refuse to renew the instant lease agreement to the Defendant, and sent a content-certified mail stating that the instant lease agreement is terminated on October 16, 2017, and the said mail reached the Defendant around that time.

F. The Defendant is operating a camera at the store of this case (hereinafter “the instant camera”) by not later than the date of the closing of the argument in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, and 7, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above findings of the determination as to the cause of the claim, the instant lease agreement was terminated on October 16, 2017, on the other hand.

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