(영문) 서울중앙지방법원 2015.02.05 2013가단5075932

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(영문) 서울중앙지방법원 2015.02.05 2013가단5075932

건물명도

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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 9,920,00 as well as the full payment from December 18, 2013.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On May 7, 2007, the Plaintiff entered into a lease agreement between the Defendant and the Defendant on the lease of the building of the fourth floor in Jongno-gu Seoul Metropolitan Government (hereinafter “instant building”) from May 17, 2007 to May 16, 2009 with the term of lease of KRW 20 million, deposit money of KRW 20,000, and the rent of KRW 150,000,000 from May 16, 2009, and the Plaintiff received the above KRW 20,00,000 from the Defendant and delivered the instant building to the Defendant. The Defendant operated the car page with the trade name “D” at that place.

B. On May 16, 201, the Defendant agreed to change the term of lease on May 17, 200 to KRW 40,000 for the term of May 16, 2010, KRW 2,500,000 for the deposit, KRW 2,50,000 for the rent, ② up to May 17, 2011, the term of lease on May 17, 201; KRW 20,000 for the deposit; KRW 4,00,000 for the rent; and KRW 4,00,00 for the rent (excluding surcharges); ③ the term of lease on May 17, 201 to KRW 3,200 for the rent to KRW 3,20,00 for the month, KRW 300,00 for the rent to KRW 30,300 for the rent to KRW 300,00 for the rent to KRW 20,300 (Additional rent).

The agreement to modify was amended respectively.

C. The foregoing lease was terminated on May 16, 2013, and the Plaintiff, even thereafter, operated the said car page, and ordered the Defendant to order the instant building on December 3, 2013.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Comprehensively taking account of the overall purport of the evidence duly admitted prior to the determination on the claim of the principal lawsuit, the Defendant was found not to have paid the rent for two months from March 17, 2013 to May 16, 2013 with respect to the said lease, and there is no counter-proof. In addition, in addition to the above-mentioned facts, there was a change in the amount equivalent to the rent for the instant building after May 16, 2013 at KRW 3,520,000 based on the said lease.

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