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Reasons
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(영문) 대구지방법원 2018.04.26 2017가합208229
건물명도(인도)
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1. The Defendants are jointly and severally liable to the Plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From November 1, 2017, annexed hereto.

Reasons

1. Basic facts

A. On April 10, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B (hereinafter “Defendant B”) on the terms of leasing a building listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) to Defendant B (hereinafter “instant building”). The key contents are as follows.

【Lease Contract】

2. Term of lease shall be from April 10, 2017 to April 9, 2018 (one year), and may be extended for one year under mutual agreement;

3. Rental deposits and rents;

(a) No rental deposit shall be made;

(b) the rent shall be the first day of each month in advance of the payment of the daily gold bullion (40,000,000/value added tax separate) and shall be deposited on the first day of each month;

(from May 1, 2017). (c)

The interest in arrears at the time of arrears of rent shall be 15% per annum.

【Special Agreement under Lease Agreements】

4. Where a lease contract has been fulfilled in good faith for a period of two years, Defendant B may preferentially purchase it under mutual agreement.

The purchase price shall be KRW 1,250,000,000 or KRW 1,250,000,000 shall be the total amount of the lease contract.

Where the plaintiff has made a large-scale repair, etc. for maintenance or value increase, it shall be increased separately as the amount.

B. After entering into the instant lease agreement, the Plaintiff delivered the instant building to Defendant B, and Defendant D jointly and severally guaranteed the obligation to be borne by the Plaintiff under the instant lease agreement at the time of entering into the instant lease agreement.

C. The Defendant C Co., Ltd. (hereinafter “Defendant C”) is practically the same company as Defendant B, and thereafter, after entering into the instant lease agreement, he is operating a wedding house in the instant building until now.

Defendant B did not pay to the Plaintiff the rent from November 2017, and the Plaintiff expressed its intent to terminate the instant lease agreement on the ground that the rent was not more than three months in arrears.

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