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Reasons
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(영문) 수원지방법원 평택지원 2021.01.28 2019가단57259
건물명도(인도)
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1. The Defendant’s KRW 24,651,612 as well as its related KRW 5% per annum from October 21, 2020 to January 28, 2021, and the following.

Reasons

1. Basic facts

A. The Plaintiff is an educational foundation that establishes and operates the D University E (hereinafter “instant building”) located in Pyeongtaek-si C, as the owner of the D University E (hereinafter “instant building”).

B. On November 1, 2012, the Plaintiff entered into the first lease agreement with the Defendant and the Defendant, setting the lease agreement as KRW 100 million, KRW 5720,000,000,000,000,000,000 in a monthly rent (including value added tax), from November 1, 2012, to February 28, 2014 (only, at the expiration of the contract period, the lease period is automatically extended between three years and eight months).

The defendant divided the root of 408m of the above leased object into two parts, and operated the root of 241.93m of coffee specialty (F), and the remainder of 166.07m of square of 16.07m as a tea specialty (G).

2) On February 28, 2014, the Plaintiff entered into a second lease contract and sub-lease contract with the Defendant and the first floor of the instant building by setting the lease contract as the lease deposit of KRW 100 million, monthly rent of KRW 5720,000 (including value added tax), and the lease term from March 1, 2014 to February 28, 2016.

The Defendant requested the Plaintiff to allow the Defendant to sublease the said money (G) to Nonparty H, the Defendant’s pro-friendly Nonparty 1. Accordingly, on March 31, 2014, the Plaintiff concluded a sublease contract with the Defendant and H to sublease the said money (G).

3) On February 23, 2016, the Plaintiff entered into a third lease agreement with the Defendant and the instant building with regard to KRW 50 million, monthly rent of KRW 3.5 million (including value added tax), and from March 1, 2016 to February 28, 2017, with regard to the lease deposit amount of KRW 241.93 square meters (hereinafter “instant store”).

4) On February 9, 2017, the Plaintiff entered into the fourth lease agreement with the Defendant and the instant store, with respect to the lease deposit of KRW 50 million, monthly rent of KRW 3.8 million (including value added tax), and from March 1, 2017 to February 28, 2018.

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