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Reasons
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(영문) 대구지방법원 2020.10.16 2020가단3526
건물인도 등
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1. The plaintiff

A. Defendant B and C each point of the separate sheet No. 1, 2, 3, 4, 5, 7, and 1 among the buildings listed in the separate sheet.

Reasons

Facts of recognition

(a)

1) On June 8, 2010, the Plaintiff: (a) connected Defendant B with each point of the attached Form No. 1, 2, 3, 4, 5, 7, and 1 among the buildings listed in the attached Form No. 1, 2, 3, 4, 5, 7, and 1 of the building owned by the Plaintiff; and (b) connected Defendant B with Defendant B, the part of

(2) The Plaintiff and the Defendant agreed that the term of the above lease was renewed for two years around May 2017, and that the monthly rent of KRW 30 million was KRW 1.1 million from January 2018, and the monthly rent was raised as KRW 1.2 million from January 2018.

3) The lease of this case was explicitly renewed thereafter (hereinafter “the lease of this case”).

(B) B. Defendant B did not pay KRW 20 million out of the rent of the said lease by the end of October 2019. C. Defendant B is the Defendant D Co., Ltd. (hereinafter “Defendant Company”) on December 9, 2019.

) Of the buildings listed in the attached list, part 27 square meters in the “B” portion (hereinafter “sub-lease portion of this case”) connected in sequence to each point of 3, 4, 5, 6, and 3 of the attached list among the buildings indicated in the attached list.

D) without the Plaintiff’s consent, Defendant C is the mother of Defendant B, and is running a restaurant business in the instant store with Defendant B. [The fact that there is no dispute over the grounds for recognition, Party A’s evidence Nos. 1, 2-2, and Party A’s evidence Nos. 3 through 6], and the purport of the entire pleadings.

2. Determination

A. According to the facts of recognition under Paragraph (1) above, since Defendant B was in arrears for not less than three years, it is reasonable to view that the above lease was terminated on March 3, 2020 on which the complaint of this case, which expressed the Plaintiff’s intent to terminate the above lease, was served on Defendant B. Accordingly, Defendant B and C have the duty to deliver the store of this case to the Plaintiff. According to the facts of recognition under Paragraph (1) above, the Defendant Company is the owner of the sub-lease of this case, unless there are special circumstances.

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