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Reasons
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(영문) 서울중앙지방법원 2016.06.22 2015가단83505
건물명도 등
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1. The defendant,

A. From 47,370,900 to 4,950,000 won per month from June 1, 2015 to the completion of delivery.

Reasons

1. Basic facts

A. On February 25, 2012, the Plaintiff: (a) made the Defendant the lease term “from March 1, 2012 to February 29, 2013”; (b) made the lease deposit to KRW 60,500,000, monthly, and KRW 4,500,00 (in addition to value-added tax, and payment on the 30th day of each subsequent month), among the second floors of the building indicated in the attached Table, the land indicated in the attached Table No. 1, 2, 3, 4, and 1 are attached to the Defendant (hereinafter “second floor of the building in this case”); (c) made the lease term “from March 1, 2012 to February 29, 2013”; and (d) made the lease deposit to KRW 60,00,000, KRW 300,000, KRW 360,086, and KRW 360,086,06,06,00 each month thereafter.

(hereinafter referred to as “instant lease contract”). B.

Even after the expiration of the lease term of this case, the Defendant continued to use and benefit from the building 2 and 3, and the Plaintiff did not raise any objection thereto.

C. The Defendant did not pay the sum of KRW 22,962,00 among the rent by May 2015 that occurred under the instant lease agreement, and thereafter, did not pay all the rent by the time the pleadings of the instant case are concluded.

On June 11, 2015, the complaint of this case, stating that “the lease of this case is terminated on the grounds of the delinquency in rent for at least two years by the Defendant,” reached the Defendant on June 11, 2015.

(A) The Defendant continued to pay two or more rents from the time the instant suit was filed to the time the instant complaint was served on the Defendant). [The Defendant did not pay two or more rents from the time the instant suit was filed to the time the instant complaint was served on the Defendant.]

2. Determination as to the cause of action

A. According to the fact that the instant lease agreement was terminated 1, the instant lease agreement became implied after the expiration of the period on February 29, 2013, and the instant complaint reached the Defendant on June 11, 2015.

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