(영문) 서울중앙지방법원 2018.07.13 2017가합537102

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(영문) 서울중앙지방법원 2018.07.13 2017가합537102

건물명도(인도)

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On February 6, 2015, the Defendant: (a) leased the real estate indicated in [Attachment C] “Real Estate Indication” (hereinafter “the subject matter of the lease; and (b) the entire building indicated in “Real Estate Indication” (hereinafter “the building of this case”) from February 27, 2015 to February 26, 2017, the lease deposit of KRW 110,000,000; (c) the lease deposit of KRW 8,738,40,00 (excluding value-added tax); (d) the management fee of KRW 3,276,90 (excluding value-added tax).

B. On April 10, 2015, the Plaintiff purchased the instant building from C, and concluded a lease agreement (hereinafter “instant agreement”) with the Defendant as to the instant leased object, between February 27, 2015 and February 26, 2017, under which the term of lease was from February 27, 2015 to February 26, 2017, as to the instant leased object, the lease deposit was KRW 110,000,000, and KRW 8,738,400 (excluding value-added tax), management expenses (excluding value-added tax), monthly 3,276,90 (excluding value-added tax).

According to Article 31 of the instant contract, where the Defendant defaults on the obligation to pay the Plaintiff under the instant contract, the Defendant shall pay the overdue charge equivalent to 24% per annum for the number of overdue days plus the overdue charge.

C. Around February 27, 2016, the Plaintiff notified the Defendant of the purport that he would change the rent into KRW 9,087,936 (excluding value-added tax) monthly, and the Defendant did not raise any objection, and thereafter paid that he would be equivalent to the above amount.

On the other hand, the Defendant leased from the Plaintiff the warehouse of the third floor of the instant building at KRW 20,00,000, monthly rent of KRW 1,818,182. The lease was terminated on June 14, 2017. At the time, KRW 20,000,000 was not returned to the Defendant and was used for the payment of rent, etc. under the said lease and the instant contract.

E. It does not exceed the Commercial Building Lease Protection Act in relation to the instant case.

참조조문

-상가건물 임대차보호법

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