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Reasons
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(영문) 제주지방법원 2020.01.22 2018나13288
건물명도(인도)
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The judgment of the first instance, including the claims added by this Court, shall be amended as follows:

The Defendants are jointly and severally.

Reasons

1. Basic facts

A. On July 2, 2015, the Plaintiffs entered into a contract with Defendant C on the lease of a building listed in the separate sheet of the Plaintiffs’ sharing (hereinafter “instant building”) with a deposit of KRW 5 million, annual rent of KRW 20 million, and a lease term of KRW 5 million from July 31, 2015 (hereinafter “instant lease contract”).

B. On September 15, 2015, Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) established the E shopping center and officetel-one story underground in Jeju, including the instant building, as its principal office. Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) occupied the instant building and carried on duty-free shop business while Defendant Co., Ltd occupies the instant building.

C. Defendant C did not pay a rent for the year 2017 under the instant lease agreement to the Plaintiffs (payment date: July 31, 2017). On November 2, 2017, Defendant C’s agreement stating that “in the event that the rent is not paid by November 30, 2017, the instant lease contract is terminated and the instant building is returned” is “the instant agreement.”

(D) The Defendant C did not pay to the Plaintiffs the amount equivalent to KRW 56,035,462 of the management fee of the instant building that was incurred from September 2016 to September 2019, and the amount equivalent to KRW 56,035,462 was not paid to the E shoppingtel management office, and the amount of the rent for the year 2018 (payment date: July 31, 2018) and the amount of the rent for the year 2019 (payment date: July 31, 2019), which was to be paid to the Plaintiffs, were not paid by the said payment date (the payment date: the payment date).

2. Determination on the plaintiffs' claims

A. The summary of the Plaintiffs’ claim for the delivery of the instant building was terminated for the following reasons. As such, the instant lease agreement was terminated.

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