(영문) 의정부지방법원고양지원 2016.12.23 2016가합70232

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Reasons

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(영문) 의정부지방법원고양지원 2016.12.23 2016가합70232

건물명도

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1. The Defendants jointly do so to the Plaintiff:

(a) deliver the real estate listed in Attachment 2;

(b)23,661,290 won;

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land listed in the attached Table No. 1 (hereinafter “instant land”) and the building listed in the attached Table No. 2 (hereinafter “instant building”).

B. On November 30, 2014, the Plaintiff leased the instant building to E by setting the lease period from November 30, 2014 to November 30, 2019, KRW 4 million per month of rent (excluding value-added tax) and KRW 60 million of lease deposit.

C. Since the conclusion of the above lease agreement, E transferred all the business related to the said marina on March 25, 2015 to the Defendants, while operating the marina (hereinafter “the instant set”) in the instant building, and is jointly occupying and using the instant building from March 25, 2015 to March 25, 2015.

On June 30, 2015, the Plaintiff and the Defendants agreed to lease the instant building from June 30, 2015 to June 30, 2018 (payment on the last day of each month) and from June 30, 2018 to the Defendants, the Plaintiff and the Defendants set up a lease agreement in the name of the Plaintiff and Defendant B with the same content.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 12, and Eul evidence 1 (including each number; hereinafter the same shall apply)

2. Determination as to the claim related to the lease of this case against the defendants

A. According to the Plaintiff’s instant lease agreement, the Defendants are obligated to pay the Plaintiff the rent of KRW 4,400,000 (including value-added tax) from July 31, 2015 to the end of each month pursuant to the Plaintiff’s instant lease agreement, but the Defendants were obliged to pay the Plaintiff the rent of KRW 10,90,000 (including value-added tax) from the end of each month. However, the Plaintiff’s duplicate of the instant complaint, which included the Plaintiff’s declaration of intent to terminate the Plaintiff’s lease agreement, paid only the rent of KRW 10,00,000 to the Defendants until January 27, 2016.

Therefore, the instant lease contract was lawfully terminated through the service of a duplicate of the instant complaint.

B. The defendants

유사 판례

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