(영문) 서울남부지방법원 2016.09.09 2016가단215305

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(영문) 서울남부지방법원 2016.09.09 2016가단215305

건물명도

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1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On July 13, 198, the Plaintiff completed the registration of ownership transfer with respect to the building 1, 2, 3 and 4 as indicated in the separate sheet, and concluded a lease contract with the Defendant on the 144.13 square meters of the ground floor among the buildings listed in the separate sheet (hereinafter “instant building”) from around that time. Since then, the said lease contract was continuously renewed. The Plaintiff and the Defendant concluded a lease contract with the Defendant on May 9, 2013, on the 2013, on the 1,50,000 won of deposit, monthly rent 1,50,000 won (excluding value-added tax), May 9, 2013, and the 150,000 won of lease period from May 9, 2013.

B. On April 3, 2015, the Plaintiff notified the termination of the lease agreement as of May 9, 2013, and the said notification reached the Defendant on April 7, 2015.

C. On May 9, 2015, the Plaintiff entered into a lease agreement with the Defendant on the instant building (hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

① Lease deposit 35 million won, monthly rent 2 million won (excluding value-added tax) (2) from May 9, 2015 to May 8, 2018, the Plaintiff entered into the instant lease agreement with the Defendant on the condition that the implementation of the procedures for removing damage from telephone (Article 4), and the Defendant shall implement the matters under Article 4, and if the Defendant fails to comply with the procedures, the instant lease agreement shall be reversed.

(4) The Plaintiff shall not be liable for the amount paid, received or accepted by the lessee under the name of premium or other business rights for the building in this case.

(Article 10). (d)

The plaintiff filed an application with Seoul Southern District Court No. 2015Da20024, but the defendant's attorney present on the date of settlement opened on October 26, 2015 failed to comply with the application for the telephone damage, which led to failure to file a lawsuit.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 4, and 5 (including paper numbers), and the purport of the whole pleading

2. The allegations and judgment of the parties

A. The plaintiff's assertion (1) is asserted by the party.

유사 판례

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