(영문) 춘천지방법원속초지원 2015.09.22 2015가단300136

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(영문) 춘천지방법원속초지원 2015.09.22 2015가단300136

건물명도

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including paper numbers), the results of the on-site verification by this Court, the witness D’s testimony and the whole purport of oral arguments.

The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”), and the Defendants are married couple.

B. Around January 5, 2012, the Plaintiff concluded a lease agreement with Defendant B, stating that the said Defendant would rent the instant building at KRW 1,530,000 for a monthly rent of 1,530,000 (Provided, That the Plaintiff would pay in advance the annual rent of KRW 18,360,000) for a period from May 5, 2012 to 72 months.

(hereinafter “instant first lease agreement”). A.C. (No. 2)

Since then, around May 2012, the Plaintiff and the Defendants drafted a new lease agreement on the instant building. First, with respect to the part of the first and second floors of the instant building, Defendant B drafted a new lease agreement with the content that Defendant C shall pay the rent of KRW 1,200,000 per month, and with respect to the part of the third floor of the instant building, the rent of KRW 130,000 per month and the rent of KRW 130,000 per month from May 5, 2012, and for 67 months from May 5, 2012: Provided, That each lease agreement was drafted to pay the annual rent in advance.

(hereinafter referred to as “instant secondary lease agreement”) No. B. 1-2, d.

Of the instant buildings, the parts of the first and second floors and the third floors on the ground are not connected with one another, and entrance doors entering the second and second floors are located in the direction of the road in front of the building, and entrance doors entering the third floor are located in the direction of the upper floor of the building.

E. As of the date of the closing of argument in the instant case, E and D operate a restaurant with the trade name of “F” in possession of the 1 and 2nd floor of the instant building, and the Defendants occupy and use the 3rd floor of the said building as dwelling.

2. As to the building of this case, only the first lease contract of this case is valid.

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