(영문) 인천지방법원 부천지원 2018.01.10 2017가단112456

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(영문) 인천지방법원 부천지원 2018.01.10 2017가단112456

건물명도(인도)

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1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim) delivers the real estate listed in the separate sheet, and B.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 1, 2013, the Plaintiff entered into a lease agreement with Defendant C on the real estate listed in the separate sheet (hereinafter the instant building) with the name of the lessee as Defendant B, with the term of KRW 20 million, KRW 2500,000, KRW 2500,000 (Additional Tax), and KRW 8 months, with the term of lease. The Defendants occupied the instant building and operated restaurant business in the name of “D”. Upon the termination of the said lease agreement, the Defendants entered into a lease agreement with the term of one year (from October 1, 2013 to September 30, 2014) without the deposit and monthly rent change.

B. On September 15, 2015, the Plaintiff entered into a lease agreement with Defendant C on the following terms: (a) the lease deposit amount of KRW 20,000,000 for the instant building; (b) monthly rent of KRW 2,800,000 for the instant building; (c) the lease term of KRW 1 year (from October 1, 2015 to September 30, 2016).

C. On September 30, 2016, the Plaintiff entered into a lease agreement with Defendant C on the following terms: (a) the lease deposit for the instant building with the name of the lessee as Defendant B; (b) KRW 20,000,000; (c) monthly rent of KRW 3,00,000 (Additional Tax) and six months (from September 30, 2016 to March 30, 2017).

On October 20, 2016, the Plaintiff requested the Defendants to deliver the instant building on March 30, 2017, which was the expiration date of the lease term, since there was no intent to extend the lease term of this case.

In addition, the Defendants were in arrears with the three-term rents (on October 2016, January 2017, and June 2017). On August 1, 2017, the Plaintiff notified the Defendants that the instant lease contract will be terminated due to the three-term rent delay.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 8 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the above facts, a lease contract for the building of this case is concluded by the defendants.

유사 판례

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