(영문) 서울동부지방법원 2016.04.06 2014가단111710

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(영문) 서울동부지방법원 2016.04.06 2014가단111710

건물명도

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 23, 2012, C leased a building listed in the separate sheet owned by C (hereinafter “instant building”) to the Defendant by setting the lease deposit of KRW 50,00,000, KRW 3,000,000 per month of rent, and the lease term of KRW 3,00,000 from May 23, 2012 to May 23, 2014, C agreed to guarantee the lease term by a special agreement five years, and the monthly rent is realized after two years.

B. Around September 17, 2012, the Plaintiff purchased the instant building from C and completed the registration of ownership transfer on October 31, 2012. On November 28, 2012, the Plaintiff agreed to enter into a lease agreement with the Defendant with respect to the instant building as stipulated under the lease agreement between C and the Defendant, with the same content as the lease deposit amount of KRW 50,000,000,000, monthly rent of KRW 3,750,000 (excluding value-added tax), and the lease agreement between October 31, 2012 and May 23, 2014 (hereinafter “instant lease agreement”).

C. On April 2014, the Plaintiff demanded the Defendant to increase the lease deposit amount of the instant lease amount of KRW 100,000,000 per month, and KRW 8,000,000 per month. On April 16, 2014, the Defendant sent an e-mail requesting the Plaintiff to increase the Plaintiff’s lease deposit and rent amount by reflecting the degree of inflation, and around that time, the Plaintiff received the said e-mail.

On April 17, 2014, the Plaintiff notified the Defendant of whether to conclude a renewal contract by changing the lease deposit of this case to KRW 100,000,000 per month, and KRW 8,000,000 per month, and if there is no intention to conclude the renewal contract, the Plaintiff sent a written notification demanding the Defendant to surrender the building of this case by the expiration date of the lease term of this case to a content-certified mail, and then the mail sent it to the Defendant around that time.

E. As to this, the Defendant, around April 24, 2014, concluded the instant lease agreement with the Plaintiff.

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