(영문) 서울중앙지방법원 2018.10.10 2018가단37831

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(영문) 서울중앙지방법원 2018.10.10 2018가단37831

건물명도 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 9, 2016, the Plaintiff entered into a contract with the Defendant for the lease of real estate listed in the separate sheet (hereinafter “instant store”) owned by the Plaintiff, with the deposit amount of KRW 20 million, KRW 1.2 million per month, KRW 1.2 million per month, and the term of lease from December 9, 2016 to December 8, 2017 (hereinafter “instant lease contract”). Accordingly, the Defendant occupied and used the instant store.

(B) The instant lease contract was renewed later. (B)

In the instant lease agreement, the lessor is entitled to terminate the contract when the lessee's delayed amount reaches the two-year rentals. The Defendant did not pay 2.4 million won for the two-term rentals, including the rent of 1.2 million won and the rent of 1.2 million won for the five-month period (the same type of period subject to six-month lease from April 9, 2018 to May 8, 2018; hereinafter the same shall apply) from May 2018.

C. Accordingly, around June 19, 2018, the Plaintiff terminated the instant lease agreement on the grounds of the two-year rent delay, etc. to the Defendant.

“Notice” was given. D.

On July 20, 2018, the Defendant, while continuing the instant lawsuit, remitted the Plaintiff the overdue rent of KRW 2.4 million to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap's 1 to 3, 6, Eul's 9 and 14, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserts that “the Defendant did not pay the two-year difference as agreed upon in the instant lease agreement as the grounds for termination, as well as the management expenses in the instant lease agreement are not specified as the grounds for termination, and the management expenses in excess of 9 million won for the period of 20 months following the occupancy of the instant store are not paid to the commercial building management company at all. As such, since the instant lease agreement was terminated by the Plaintiff’s declaration of termination, the Defendant is obligated to deliver the instant store.”

(b) against this;

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