(영문) 서울서부지방법원 2017.05.16 2017나30372

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(영문) 서울서부지방법원 2017.05.16 2017나30372

건물명도

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1. Revocation of a judgment of the first instance;

2. The defendant shall indicate the attached drawing ① among the first floor of the real estate stated in attached Form 1 to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 29, 2013, the Defendant entered into a contract with C on the lease term of KRW 70 million from January 1, 2013 to December 31, 2014 (hereinafter “instant lease contract”) with each of the following terms: (a) the attached drawings indicating the attached drawings and specifications (i); (b) the attached drawings and specifications (i); (iii); (iv); and (b) the part within the connected line with each of the instant points (a) and 29.75 square meters (hereinafter “instant store”) from January 1, 2013 to December 31, 2014; (b) the Defendant entered into a lease contract with C on each of the following terms (hereinafter “instant lease contract”); and (c) around that time, Turkey was operated at the instant store from March 1, 2013 to March 1, 2013.

B. The Defendant and C extended the term of the instant lease agreement until December 31, 2015. On December 31, 2015, the lease agreement was implicitly renewed by December 31, 2016 after the expiry of the term of the lease. The Defendant demanded the renewal of each contract on May 19, 2016 and July 22, 2016, and the lease agreement was renewed by December 31, 2017.

C. Meanwhile, on October 27, 2015, the Plaintiff purchased real estate listed in attached Table 1 and completed the registration of ownership transfer on February 29, 2016. On January 19, 2017, the Plaintiff notified the Defendant of the deposit account for rent from July 2016, demanding the Defendant to pay unjust enrichment equivalent to the unpaid rent and rent, and notified the Defendant of the termination of the instant lease agreement on February 16, 2017. The Defendant received it on February 17, 2017.

【Reasons for Recognition】 1 to 3, 7, 8 (including each number), 1, 3, 7 and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, on the ground that the Defendant was in arrears with at least three vehicles, the Plaintiff’s notification of the termination of the instant lease agreement and the instant lease agreement was lawfully terminated on or around February 17, 2017. Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff.

3. Thus, the plaintiff's claim of this case should be accepted on the ground of its reasoning.

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