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Reasons
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(영문) 대전지방법원서산지원 2017.11.29 2017가단52097
건물명도(인도)
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1. The defendant shall be the plaintiff.

(a) Attached drawings, among the three floors of the real estate in the attached list, shall be indicated in the attached list;

Reasons

1. Facts of recognition;

A. On February 22, 2014, the Plaintiff and the Defendant concluded a lease agreement with respect to the instant leased building (hereinafter “instant lease agreement”).

(1) Lease deposit: 60 million won, rent: 2.4 million won per month (excluding value-added tax), management expenses: 2.50 thousand won per month, and period: From March 5, 2014 to March 4, 2016.

(3) Where a lease contract is terminated, the lessee shall restore the leased building to its original state and return it.

B. Around March 25, 2015, the Plaintiff and the Defendant entered into a lease agreement with regard to the three floors of real estate listed in the attached Table (4), (6), (7), (8), (4), and (26.02 square meters of lease deposit on the part (b) part (including value-added tax) connected with each point, 1.1 million won per month, monthly rent (including value-added tax), 200,000 won per month, and the period from March 15, 2015 to March 14, 2017. Accordingly, the Plaintiff and the Defendant agreed to postpone the payment of 20 million won of the deposit of the said lease agreement until March 25, 2017.

C. The instant lease agreement was implicitly renewed, and the Defendant did not pay rent and management expenses for October 2015, December 2015, April 2016, May 6, June 2016, and August 8 through December 12, 2017, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on January 12, 2017, and the said notification reached the Defendant on January 13, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the above facts, the lease contract of this case was terminated due to not less than two years of arrears. Thus, the defendant raised objection against the plaintiff.

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