(영문) 인천지방법원 2017.01.19 2016나8756 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 2017.01.19 2016나8756

건물인도

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1. The portion of the judgment of the court of first instance against the defendant exceeding the money ordered to be paid below.

Reasons

1. As to the defense prior to the merits

A. Defendant’s assertion 1) The Plaintiff filed the instant lawsuit in order to terminate the lease with the Defendant on the grounds of delinquency in rent, and to seek payment of the rent for delivery of the building and arrears. After the filing of the lawsuit, the Plaintiff allowed the Defendant to continue to use the instant real estate after the filing of the lawsuit. This ought to be deemed to have expressed his intention to withdraw the instant lawsuit. As such, the instant lawsuit contrary to the agreement on withdrawal of the lawsuit is unlawful.

B. On March 28, 2016, after the filing of the instant lawsuit, the Plaintiff and the Appointed C received a written statement from the Defendant stating that “I will not delay rent and public charges; the rent and public charges in arrears shall be paid at a prompt time; and the construction wastes shall be disposed of until April 30, 2016; if the said promise is not fulfilled, I will not object to the execution at all, regardless of the sublease relationship; and the Defendant, while using the instant real estate, allowed the third party to sublease some of them.

(hereinafter “Agreement in this case”). 【No dispute exists, entry of evidence Nos. 6 and 7, and the purport of the whole pleadings

C. The instant agreement merely allows the Plaintiff and the Appointed C to receive the rent and public charges in arrears from the Defendant, and to use the instant real estate provisionally until that time, and does not deem that the intent to withdraw the instant lawsuit is included.

The defendant's defense prior to the merits is without merit.

2. As to the merits

A. On August 31, 2015, the Plaintiff (A) and the Selection C determined and leased the instant real estate, which is a commercial building, to the Defendant as the deposit of KRW 10 million, monthly rent of KRW 10 million (in addition, the additional tax is paid on August 31, 2015) and the period from August 31, 2015 to August 30, 2016 (12 months).

(B) The Defendant did not pay the rent from September 2015 to December 12 (4 months).

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