(영문) 부산지방법원 2019.09.05 2019나41010

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Reasons

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(영문) 부산지방법원 2019.09.05 2019나41010

건물명도(인도)등

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On October 17, 2017, the Plaintiff entered into a lease agreement with C on the attached real estate (attached Form 1 indication 1, 2, 3, 4, and 1; hereinafter the same shall apply) owned by the Plaintiff and the attached drawings 2 indication 1, 2, 3, 4, and 1, as indicated in the attached drawings connected thereto (hereinafter referred to as “the lease agreement of this case”). The lease deposit amount of KRW 20 million, monthly rent of KRW 180,000 (excluding value-added tax), and from October 17, 2017 to October 16, 2019 (hereinafter referred to as “the lease of this case”).

The main contents of the instant lease agreement are as follows.

Article 4 (Termination of Contract) If the lessee has failed to pay the rent more than twice continuously, or has violated Article 3, the lessor may terminate the contract without delay.

Matters of special agreement

2. Restoration shall be made upon termination of the contract, and deposit shall be paid after the report on business closure and management expenses (electric, water, and gas costs) are settled.

3. The contract shall be terminated at the time of redevelopment during the term of contract;

4. If the lessee has failed to pay the rent more than twice consecutively, the lessor may terminate the principal contract without delay;

6. The monthly rent for the construction period shall be used free of charge for one month, and the lessee shall pay the management expenses.

7. Costs for construction of waterworks, sewerage, and urban gas shall be borne by lessees;

B. At the time of the instant lease agreement, the Plaintiff: (a) used the instant real estate as beauty art room from C; and (b) received a certificate of business report from the Defendant holding the certificate of beauty artist’s license and consented thereto.

C. After the instant lease agreement, C did not pay only the monthly rent of KRW 5,960,00 (including value-added tax) equivalent to the three-year portion after paying only the monthly rent of KRW 5,960,00. The Plaintiff notified the termination of the said lease agreement to C on July 9, 2018 on the ground of the overdue rent of at least two different periods.

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