(영문) 춘천지방법원 2019.09.04 2019가단2417

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(영문) 춘천지방법원 2019.09.04 2019가단2417

건물인도 등

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1. The defendant shall deliver to the plaintiff the attached Form 2 part among the buildings listed in the attached Table 1 list, and KRW 25,972,890.

Reasons

1. Facts of recognition;

A. On October 29, 2014, the Plaintiff and the Defendant concluded a lease agreement with the Defendant to lease each of the facilities of general game providing business (attached Form 2 attached hereto; hereinafter “the instant lease building”) as KRW 10 million in lease deposit, KRW 11 million in rent, KRW 100,000 in rent, and KRW 24 months from the delivery date of the lease term (the expiration date: October 31, 2016), among the buildings listed in the attached Table 1 list owned by the Plaintiff.

The defendant paid the lease deposit to the plaintiff pursuant to the above lease contract, and operated the game room at the place where the building on the lease was delivered by the plaintiff.

B. On August 9, 2016, the Defendant did not pay to the Plaintiff the rent of at least KRW 10 million, and the Plaintiff expressed to the Defendant that he would terminate the instant lease agreement and refuse to renew the said lease agreement on the grounds of the overdue rent of at least the said three-year period.

C. As of April 31, 2019, the Defendant did not pay the rent of KRW 23,300,000 (the foregoing overdue rent is the amount of overdue rent even after deducting the deposit of KRW 10 million as the overdue rent) and management fee of KRW 2,672,890 is not paid.

On March 30, 2019, the Defendant closed his/her business place in the instant lease building, and has not used the said building from that time until the date of closing the argument.

However, the defendant did not deliver the above building to the plaintiff.

[Grounds for recognition] Unless there are special circumstances to determine whether there is no dispute, Gap evidence Nos. 1 through 3, and the purport of the whole pleadings, the lease contract of this case is terminated due to the expiration of the lease term and the rejection of renewal on October 31, 2016, and thus, the defendant is obliged to deliver the building of this case to the plaintiff and pay the plaintiff the sum of the overdue rent and unpaid management expenses.

The plaintiff claims damages for delay on the above overdue rent and unpaid management expenses.

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