(영문) 부산지방법원 동부지원 2017.03.15 2016가단7045

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(영문) 부산지방법원 동부지원 2017.03.15 2016가단7045

건물명도

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1. The Defendants to the Plaintiff

(a) deliver each real estate listed in the separate sheet;

(b) An annexed list from February 13, 2016.

Reasons

1. Basic facts

A. On October 12, 2015, the Plaintiffs entered into a lease agreement with Defendant C on each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to KRW 20,000,000, monthly rent of KRW 1,300,000, and the lease term from October 21, 2015 to October 20, 2020 (hereinafter “instant lease agreement”). On the same day, the Plaintiffs changed the lessee’s name of the said lease agreement to Defendant D at the request of the Defendants on the same day.

B. The instant lease agreement stipulated that the lessor may immediately terminate the contract when the lessee’s overdue overdue interest reaches the amount of two years’ overdue interest, and stipulated that the lessee is obligated to recover the said real estate after the completion of the contract period to its original state.

C. Defendant C received the instant real estate delivery and installed facilities to operate the automobile maintenance business around the day of the instant lease agreement.

On the other hand, from February 13, 2016, the Defendants did not pay a rent under the instant lease agreement. On April 27, 2016, Plaintiff A sent a content-certified mail to the Defendants, stating that the said lease agreement is terminated on the grounds of delinquency in rent.

E. On December 28, 2016, the Plaintiffs appeared at the fourth date for pleading of the instant case, and stated that the instant lease agreement was terminated on the grounds that the Defendants were in arrears due to their joint declaration of intent.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment as to the cause of the claim, the instant lease agreement appears to have been actually entered into a contract with the Defendants as joint lessees, and the said lease agreement was lawfully terminated by the Plaintiffs’ declaration of termination on December 28, 2016, on the grounds of the Defendants’ failure to pay rent for more than two years. Thus, the instant lease agreement was deemed to be a joint lessor.

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