(영문) 서울서부지방법원 2015.05.28 2014가단245929

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(영문) 서울서부지방법원 2015.05.28 2014가단245929

건물명도

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1. The defendant is against the plaintiffs:

(a) order the 324.18 square meters of underground floor among the real estate listed in the attached list;

(b) March 1, 2014

Reasons

1. Facts of recognition;

A. On December 31, 2012, the Plaintiffs leased the lease deposit amount of KRW 30,000,000, monthly rent of KRW 1,200,000 (excluding value-added tax), and the period from January 1, 2013 to December 31, 2014 (hereinafter “instant lease agreement”), with the Defendant operating a screen golf range in the instant building from around that time.

B. However, as the Defendant delayed the monthly rent of KRW 9,240,000 up to February 2014, the Plaintiff revoked the instant lease agreement and filed the instant lawsuit against the Defendant seeking an order to surrender the instant building on the grounds that the monthly rent reaches two months. The instant warden was served on November 3, 2014 on the Defendant.

C. On November 13, 2014, after the filing date of the instant lawsuit, the Defendant paid KRW 9,240,000 to the Plaintiffs as monthly rent.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 3 (including additional number), Eul evidence 5

2. Determination

A. According to the facts of the determination as to the cause of the claim, the instant lease contract was lawfully terminated upon the delivery to the Defendant on November 3, 2014 by the instant complaint containing an expression of intent to terminate the instant lease agreement.

Therefore, the defendant is obligated to issue an order to the plaintiffs for the building of this case and return unjust enrichment equivalent to the monthly rent from March 1, 2014 to the completion date of the above life expectancy.

B. The defendant's assertion and judgment (1) against this, the defendant himself was unable to operate his business due to frequent breakdowns of the station and external rupture of underground sewage and wastewater and low output in the instant building in order to operate a screen driving range on the building of this case. The defendant saw that fung fung fung fung fung fung fung fung fung fung fungs in the wall of the defendant, and there seems to be rain when water falls intermittently from the ceiling, and it was difficult for the plaintiffs to operate his business due to frequent breakdowns of elevators coming under the ground.

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