(영문) 제주지방법원 2016.11.22 2016가단9413

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(영문) 제주지방법원 2016.11.22 2016가단9413

건물명도등

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1. The Plaintiff:

A. The Defendants deliver the buildings listed in the separate sheet;

B. The defendant B was from February 3, 2016 to the above.

Reasons

1. Basic facts

A. On February 3, 2015, the Plaintiff entered into a lease agreement with Defendant B and the attached list (hereinafter “instant building”) stating that the building shall be leased KRW 5,00,000, annual rent of KRW 8,000,000, and the term of lease from February 3, 2015 to February 2, 2016, and delivered the instant building to Defendant B.

B. Defendant B agreed to renew the said lease agreement with the Plaintiff under the same conditions as the previous one around February 3, 2016. However, Defendant B did not fully pay the Plaintiff rent from around that time until the date of closing argument in the instant case.

C. On April 5, 2016, the Plaintiff sent to Defendant B a postal item proving that “a lease is terminated on the grounds of unpaid fees,” and the said postal item was served to Defendant B around that time.

Defendant C and D occupy and use the instant building without the Plaintiff’s consent.

【Facts without dispute over the grounds for recognition, Gap’s evidence 1 through 3, Gap’s evidence 6, Gap’s evidence 7, and the purport of the whole pleadings

2. According to the facts of the above recognition, the lease contract between the Plaintiff and the Defendant B was renewed on or before February 3, 2016 under the same conditions as the previous one and terminated due to the termination of the Plaintiff’s contract on the grounds that Defendant B was unpaid on or around April 5, 2016. As such, the Defendant B is obligated to deliver the instant building to the Plaintiff and pay to the Plaintiff a 66,667 won per month from February 3, 2016 to February 3, 2016 (i.e., KRW 8,00,000,000/12) or a 666,67 won per month from February 3, 2016 to the completion date of delivery of the said building. Defendant C and D are obligated to deliver the instant building to the Plaintiff without any assertion or evidence as to the existence of the possessory right.

3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds that all of the claims are reasonable.

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