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Reasons
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(영문) 서울북부지방법원 2016.03.31 2015가단23052
건물인도
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged in light of the purport of the whole pleadings in each statement in Gap evidence Nos. 1 to 4, 7, Eul evidence No. 1, and 3.

C On January 10, 2013, a corporation (hereinafter referred to as “C”) entered into a contract with the Defendant to lease the instant real estate, which is owned by C, with a lease deposit of KRW 10 million, monthly rent of KRW 500,000 (excluding value-added tax), from March 1, 2013 to February 28, 2014, and changed the lease term from March 1, 2014 to February 28, 2015.

B. After that, the instant real estate was transferred to D (hereinafter “D”) on January 28, 2015, and was transferred to the Plaintiff on February 5, 2015. On February 26, 2015, the Plaintiff sent to the Defendant a certificate that he/she would change the lease deposit amount into KRW 20 million under the instant lease agreement, and KRW 1,300,000,000,000,000,000,000. However, on March 10, 2015, the Plaintiff did not consent to the said change from the Defendant and was served with a certificate that the instant lease agreement was implicitly renewed.

C. On the other hand, on January 14, 2016, the Plaintiff sent to the Defendant a certificate of content that the instant lease will not be renewed without specifying the specific grounds therefor. On January 18, 2016, the Defendant sent to the Plaintiff a certificate of content that the Plaintiff demanded the renewal of the instant lease, and the said certificate reached the Plaintiff around that time.

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant lease agreement was concluded between D and D by the Defendant, but the Plaintiff did not pay an increase in the rent that succeeded to the instant lease agreement to KRW 1.3 million, and thus the instant lease agreement was terminated by the delivery of the instant complaint, as well as the renewal of the instant lease agreement to the Defendant on January 15, 2016.

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