(영문) 서울중앙지방법원 2016.10.25 2016가단5041961

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(영문) 서울중앙지방법원 2016.10.25 2016가단5041961

건물명도

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1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the value of 94.78 square meters per floor among the buildings listed in the attached Form.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff entered into a lease agreement with the Defendant to lease 94.78 square meters of a commercial building on the first floor among the buildings listed in the attached Table (hereinafter “instant leased building”), and the main contents are as follows.

The Plaintiff and the Defendant maintained the same lease relationship after July 31, 2015.

(hereinafter “instant lease agreement”). (1) Date and time of the contract: Deposit for lease on July 26, 2013: KRW 30 million: KRW 3.5 million per month (the end of each month of payment): the lease period from July 31, 2013 to July 31, 2015 (by July 31, 2015).

B. The Defendant did not pay the monthly rent for three months from December 1, 2015.

Accordingly, the Plaintiff expressed his intent to terminate the lease contract in the instant complaint, and the duplicate of the instant complaint was served on April 14, 2016 on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. According to the facts of the judgment on the claim of the principal lawsuit, the instant lease agreement was terminated upon delivery to the Defendant by the instant complaint containing the intent of termination on April 14, 2016, on the grounds of the Defendant’s non-payment of rent.

Therefore, the defendant is obligated to deliver the leased building of this case to the plaintiff.

3. Judgment on the defendant's assertion and counterclaim

A. The gist of the assertion is that the monthly rent of a commercial building, which is the same size and conditions as the leased building of this case and the one adjacent to the five meters wide prior to the leased building of this case, is only KRW 1.8 million.

Although the Defendant requested the Plaintiff to reduce the rent in accordance with the surrounding market price, it was rejected, and the Defendant did not pay the rent for three months, and the Defendant paid the rent in full including the overdue rent.

Therefore, since the termination of the lease contract by the plaintiff is unfair, the plaintiff's main claim is without merit, while the plaintiff is obligated to reduce the amount of rent unfairly.

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