(영문) 서울북부지방법원 2017.04.13 2016가단31135

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(영문) 서울북부지방법원 2017.04.13 2016가단31135

건물명도 등

Text

1. The Defendant shall deliver to the Plaintiff the attached real estate indicated in attached Form, and on May 13, 2016 until the time of transferring the real estate.

Reasons

1. Facts of recognition;

A. On April 23, 2016, the Plaintiff leased the attached real estate (hereinafter referred to as the instant building) indicated in the attached Form (hereinafter referred to as the “instant building”) to the Defendant by setting the deposit amount of KRW 25,000,000, monthly rent of KRW 2,500,000 (value-added tax separate, monthly payment of KRW 13,00,000, and the lease period of May 13, 2018.

B. The Defendant received the instant building and occupied and used it until now, but did not pay the monthly rent from May 13, 2016 to the present.

C. On August 30, 2016, the instant warden, which entered the intent to terminate a lease agreement on the grounds of rent delay at least two years, was served on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 33, purport of the whole pleadings

2. Determination

A. According to the facts of determination as to the cause of the claim, since the instant lease contract was lawfully terminated on the grounds of two or more lease companies, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the amount calculated by the ratio of KRW 2,750,000 per month from May 13, 2016 to the delivery of the instant building as rent or unjust enrichment.

B. As to the Defendant’s assertion, the instant building is located within the development restriction zone and cannot be used as a warehouse for the rice processing industry, and the Defendant was considerably damaged by the wind under the contract, and thus, the Plaintiff cannot comply with the Plaintiff’s claim.

In light of the following circumstances acknowledged by the evidence as above, the evidence alone submitted is insufficient to acknowledge that the Plaintiff was a defendant, and there is no other evidence to support this, and the defendant's assertion cannot be accepted.

(1) The instant building is indicated in the register as a plant-related facility.

(2) The contract shall specify that it is a contract in the actual warehouse facilities which has been stipulated in the special agreement, and where a fine arises, the plaintiff who is the lessor.

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