(영문) 부산지방법원 2020.02.06 2019가단321944

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(영문) 부산지방법원 2020.02.06 2019가단321944

건물명도(인도)

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1. The Plaintiff:

A. Defendant B, while receiving KRW 4,300,000 from the Plaintiff, shall be recorded in the attached list.

Reasons

1. Facts of recognition;

A. On March 1, 2008, Defendant C entered into a lease agreement with E, the former owner of the instant real estate, with respect to the instant store with no fixed monthly rent of KRW 200,000, and the term of lease, and thereafter, Defendant C operates a restaurant at the instant store from around that time.

Since then, the above lease contract has been explicitly or implicitly renewed.

B. After the death of E, F, an inheritor, acquired ownership of the instant real estate.

On March 30, 2018, F entered into a lease agreement with Defendant B, who is Defendant C’s son, with the terms of KRW 4.3 million, monthly rent of KRW 310,000, monthly rent of KRW 310,000, and the term of lease from March 30, 2018.

Although the above lease contract was made in the name of the defendant B, the defendant C continued to possess the store of this case and operated the same restaurant.

C. On July 25, 2018, the Plaintiff entered into a sales contract for the instant real estate with F, and completed the registration of ownership transfer on September 19, 2018.

Then, from December 2018 to January 2019, the Plaintiff notified the Defendants of the refusal to renew the above lease agreement several times. D.

On the other hand, Defendant B did not pay the monthly rent from July 2019, and on October 28, 2019, the Plaintiff notified the Defendants of the termination of the contract on the grounds of the delayed rent.

Defendant B transferred to the Plaintiff the sum of KRW 620,000,000 for the two-month rent immediately after the notice of the termination of the contract.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 11, Eul evidence 7 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the lease contract for the instant store was terminated on March 29, 2019 with the expiration of the period, or terminated lawfully following the Plaintiff’s termination notice around October 28, 2019.

The defendants are the overdue monthly rent.

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