(영문) 제주지방법원 2015.06.25 2014가합1603

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(영문) 제주지방법원 2015.06.25 2014가합1603

건물명도 등

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1. Defendant B Co., Ltd.: (a) KRW 13,023,921 for the Plaintiff and 6% per annum from July 18, 2014 to June 25, 2015.

Reasons

1. Basic facts

A. On April 30, 2015, the building indicated in the separate sheet was owned by the Plaintiff, and the registration of ownership transfer was completed on April 30, 2015 by the Plaintiff’s succeeding intervenor based on the same day trust.

B. On January 17, 2012, the Plaintiff entered into a lease agreement with Defendant C, the representative of Defendant B Co., Ltd. (hereinafter “Defendant Company”), with a view to setting the lease period of KRW 100 million for deposit deposit, KRW 7 million for monthly rent, and the lease period of KRW 5 years for five years from January 17, 2012 to January 16, 2017 (hereinafter “instant lease agreement”).

C. After the conclusion of the instant lease agreement, the Defendants did not pay the management fees of KRW 7,257,255, the water rate of KRW 1,000,000,000, and the monthly rent from February 17, 2013 to December 2013, while occupying the instant building following the conclusion of the instant lease agreement. On May 14, 2014, the Plaintiff expressed to the Defendant Company that the instant lease agreement was terminated on the grounds that two or more rents were unpaid, thereby reaching the Defendant Company on May 15, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. Inasmuch as the instant lease agreement by the Plaintiff and the Plaintiff’s Intervenor terminated on May 15, 2014 on the grounds of unpaid rent by the Defendant Company, the Defendant Company: (a) concluded the instant lease agreement on the grounds of the termination on May 15, 2014; (b) accordingly, the Defendant Company calculated the Plaintiff at the rate of KRW 13,257,255, which is the following day after deducting KRW 100 million from the unpaid monthly rent, management fee, and water charge until the date of termination of the instant lease agreement; and (c) the amount equivalent to KRW 80,50,000,000,000 calculated at the rate of KRW 7 million per month from May 16, 2014, when the ownership of the instant building was transferred to the Plaintiff’s succeeding Intervenor from

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