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Reasons
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(영문) 수원지방법원 2017.03.23 2016가단36535
건물명도등
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1. The defendant shall be the plaintiff.

(a) order the buildings listed in the separate sheet;

(b) from January 3, 2017, entry in the separate sheet.

Reasons

1. Facts of recognition;

A. The Defendant is a company established on August 21, 2013 and engaged in electronic commerce, etc., and C is the representative director of the Defendant.

B. The building indicated in the attached list (hereinafter “instant building”) was originally owned D. D on August 13, 201, D set lease deposit amounting to KRW 30,000,000, monthly rent of KRW 1,500,000, and the lease term from August 13, 201 to August 13, 2013, and thereafter leased the instant building to C around that time.

C. D, upon renewal of the above lease agreement with C, agreed that the lessee shall be changed to the Defendant, a company holding office as the representative director, and entered into a lease agreement with the Defendant on July 16, 2014, stipulating that the instant building shall be leased as KRW 30,000,000, monthly rent of KRW 1,700,000, and the term of lease from August 13, 2014 to August 13, 2015.

(hereinafter “instant lease agreement”).

D. On July 22, 2015, the Plaintiff completed the registration of ownership transfer on the ground of sale on July 16, 2015 with respect to the instant building, and then succeeded to the lessor’s status under the instant lease agreement from D, and acquired the rent claim from July 14, 2015 to the acquisition date of the said ownership, and sent to the Defendant on June 15, 2016, a certificate of content that contains an intent not to extend the instant lease agreement, and at that time, the said certificate reaches the Defendant.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence 1, evidence 2, evidence 2-1, 3, 4, 5, Eul evidence 1, 2, 3-1 through 5, and the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the instant lease agreement was implicitly renewed, and the Plaintiff’s declaration of rejection to renew the lease agreement was terminated on August 13, 2016 upon the Plaintiff’s declaration of rejection on June 15, 2016.

Therefore, barring special circumstances, the Defendant ordered the Plaintiff to order the instant building, and July 2015.

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