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Reasons
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(영문) 부산지방법원동부지원 2015.03.13 2014가합3220
건물명도 등
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1. The defendant shall be the plaintiff.

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

(b) KRW 14,279,580 and this shall apply thereto.

Reasons

1. Basic facts

A. The Plaintiff is a person who completed the registration of ownership transfer on March 24, 2014 with respect to 1,117 square meters above land (hereinafter “instant building”) in Busan Shipping Daegu B, Busan, and the Defendant is a person who engages in restaurant business in the building listed in the attached Table (hereinafter “instant object”).

B. (1) The Defendant, who was the owner of the instant building, entered into a lease agreement with the Esung Industry Co., Ltd. (hereinafter “Co., Ltd.”) to lease the instant object at KRW 60 million (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 60 million and monthly rent of KRW 4 million (hereinafter “instant lease agreement”).

(2) On March 4, 2014, the Plaintiff purchased the instant building from the Leesung industry, and completed the registration of ownership transfer under the Busan District Court’s dong Branch’s receipt No. 26915 on March 21, 2014, and succeeded to the lessor’s status of the instant lease agreement.

C. (1) The Defendant paid rent after April 2014 to the Plaintiff upon the Plaintiff’s succession to the instant lease agreement. However, the Defendant did not pay the Plaintiff the rent amounting to KRW 14,279,580 in total of the rent and management expenses on August 8, 2014 and September 2014 (i.e., KRW 2,637,710 in management expenses, etc. on August 8, 2014, (i) KRW 2,637,710 in total, including management expenses, etc. on August 2014, 2014).

(2) On October 10, 2014, the Plaintiff sent a notice of termination of the instant lease agreement to the Defendant on the ground that the payment of rent, management fee, etc. was delayed for more than two months, and at that time, the said notice reached the Defendant.

The defendant has been occupying and using the object of this case while delaying rent, etc. up to now.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. According to the above-mentioned facts of determination as to the cause of the claim, this is applicable.

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