(영문) 서울중앙지방법원 2015.10.30 2015가단5049586

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(영문) 서울중앙지방법원 2015.10.30 2015가단5049586

건물명도

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On October 1, 2013, the Plaintiff entered into a lease agreement with the Defendant on the real estate stated in the separate sheet with regard to the term of lease from November 1, 2013 to October 31, 2014; rent of KRW 1,700,000; management fee of KRW 380,000; value-added tax of KRW 208,00; and interest interest of KRW 2% (hereinafter “instant lease agreement”); and handed over the real estate listed in the separate sheet to the Defendant.

B. The Defendant did not pay the rent from January 2014 and the value-added tax from February 2014 to the Plaintiff, and the Plaintiff shall terminate the instant lease agreement.

C. The Defendant is obligated to deliver to the Plaintiff the real estate listed in the separate sheet, and pay to the Plaintiff the remainder of KRW 10,316,00,000, which remains after deducting deposit amount of KRW 20 million from the aggregate of unpaid rent, management fee, value-added tax, and interest on delay for such rent, management fee, value-added tax, and interest on delay.

2. According to the records in evidence Nos. 1, 2, and 5 regarding whether the Defendant is a lessee under the instant lease agreement, the fact that the Defendant, as a lessee, entered into the instant lease agreement on October 21, 2013, and that the Defendant, as a lessee, prepared a payment certificate stating that he/she would pay KRW 7,664,00 for the unpaid rent until January 5, 2015.

However, according to the evidence evidence Nos. 1 through 8, the plaintiff entered into a lease agreement with the defendant to change the tenant from the defendant to C, and apart from the lawsuit of this case, the plaintiff filed a lawsuit against C to seek the payment of the name of the building and the unpaid fee on the premise that C is the tenant of the lease agreement of this case, and C also can be recognized as the fact that C is not the tenant in this case. Thus, the defendant cannot be deemed as the tenant under the lease agreement of this case.

3. Accordingly, the Defendant’s claim is based on the premise that the lessee is a lessee under the instant lease agreement.

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