(영문) 전주지방법원남원지원 2019.02.13 2018가단11702

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(영문) 전주지방법원남원지원 2019.02.13 2018가단11702

건물명도(인도)

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.The following facts in the absence of dispute shall be free of dispute between the parties:

Defendant B entered into a lease agreement with Defendant C on October 15, 2015 (hereinafter referred to as “instant lease agreement”) stipulating that each of the instant real estate listed in the indication of real estate (hereinafter referred to as “each of the instant real estate”) was leased as the lease term from November 1, 2015 to October 31, 2020, the lease deposit amount of KRW 250 million, and KRW 6 million per month of rent (on January 1), and thereafter, Defendant C and each of the instant real estate were operated at the time thereafter.

B. On June 21, 2018, the Plaintiff entered into a sales contract with D to purchase each of the instant real estate, and completed the registration of ownership transfer with the Jeonju District Court No. 13945, Jul. 23, 2018, for each of the instant real estate as to the instant real estate.

C. The Plaintiff and the Defendants agreed that the Plaintiff received the rent of the instant lease agreement on the premise that the Plaintiff succeeded to the lessor status of the instant lease agreement after acquiring the ownership of each of the instant real estate.

However, the Plaintiff asserted that the instant lease agreement is KRW 6 million per month, and the Defendants asserted that the said agreement is a tea of KRW 4 million per month. On September 3, 2018, the Defendants paid KRW 8 million in total to the Plaintiff on August 3, 2018 and September 2018.

Accordingly, on September 4, 2018, the Plaintiff returned KRW 8 million received from the Defendants to the Defendants, and notified the termination of the instant lease agreement.

On September 13, 2018, in order to pay the rent for the instant lease agreement to the Plaintiff, the Defendants deposited KRW 8 million, which the Plaintiff returned as above, as a gold No. 2876 of this Court in 2018, and periodically deposited KRW 4 million a month until the date of the closing of the argument in this case.

2. The parties' assertion

A. The Plaintiff is a lessor under the instant lease agreement.

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