(영문) 서울중앙지방법원 2015.10.13 2015가단5075127

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(영문) 서울중앙지방법원 2015.10.13 2015가단5075127

건물명도

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1. The defendant shall be the plaintiff.

(a) Appendix 1 Map 1, 2, 3, 4, 5, 6, among the first floor of the building listed in the separate sheet;

Reasons

1. Disposition No. 1-A to the Defendant on February 17, 2011, the Plaintiff determined the cause of the claim.

The part of the port entry (hereinafter “instant store”) leased deposit amounting to 4 million won, monthly rent amounting to 600,000 won, and the period up to February 28, 2013 for the purpose of warehouse (hereinafter “instant lease”). The lease was established on May 2, 201 by the complaining telephone (hereinafter “instant complaining telephone”). In the instant lease agreement and the instant lawsuit telephone clause, and the lessee uses the instant store for any purpose other than a warehouse, or installs ancillary facilities without the lessor’s consent, the lessor may immediately terminate the instant lease. The Defendant’s side installed a freezing facility in the instant store and operated a ice with the trade name “D,” and the order of the instant facility location plate installed on the side of the Defendant’s store to operate the instant store.

The fact that the instant lease contract is terminated on the ground that the Plaintiff used the instant store for any purpose other than the warehouse and installed the appurtenances without the lessor’s consent, etc., located within 13 square meters (hereinafter “instant site”) in the section of the Sub-paragraph (B). The Plaintiff, through the instant complaint, notified the Plaintiff to the effect that the instant lease contract is terminated on the grounds that the Plaintiff used the instant store for any purpose other than the warehouse, and installed the appurtenances without the lessor’s consent, may be acknowledged by either a dispute between the parties

Therefore, inasmuch as the instant lease contract was lawfully terminated according to the Plaintiff’s expression of intent of termination, the Defendant is obligated to remove the freezing facilities installed in the instant store and deliver the said store to the Plaintiff due to the termination of the said lease contract, and the Plaintiff is obligated to remove the sandd position panel facilities installed without permission on the instant site owned by the Plaintiff and deliver the said site.

2. Determination as to the Defendant’s assertion

유사 판례

-대법원 2019.08.30 2017다268142

-대법원 2019. 8. 30. 선고 2017다268142 판결

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