(영문) 광주지방법원순천지원 2017.09.05 2017가단1749

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(영문) 광주지방법원순천지원 2017.09.05 2017가단1749

건물명도

Text

1. The Defendant ordered the Plaintiff to provide real estate indicated in the attached list, and deliver the pertinent real estate from September 6, 2016.

Reasons

1. Basic facts

A. On August 27, 2016, the Plaintiff prepared a sales contract with Nonparty C with respect to the real estate indicated in the separate sheet (hereinafter “instant store”), and completed the registration of ownership transfer on September 5, 2016.

In the contract of sale and purchase, paragraph 5 of the special agreement provides that the first floor (5 million won/monthly 400,000 won/monthly 400,000) is being leased, and the name map is under the responsibility of the buyer (Plaintiff).

B. On October 13, 2005, C leased the instant store by determining the lease term from October 13, 2005 to October 12, 2006, the lease deposit amount of KRW 5 million, and monthly rent of KRW 400,000 (Advance payment on October 1, 2005).

(hereinafter “instant lease agreement.” The instant lease agreement was implicitly renewed, and the Defendant has been transferred to the instant store until now, and the Defendant did not pay rent after September 5, 2016.

C. On February 22, 2017, the Plaintiff did not intend to maintain the instant lease agreement to the Defendant, and filed the instant lawsuit seeking the termination of the lease agreement on the grounds of the two-year grace period, and the surrender and rent of the instant real estate. On March 3, 2017, the duplicate of the instant complaint was served to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated on March 3, 2017, when the Plaintiff expressed to the Defendant the intent of termination due to the delay of at least two years of rent and delivered to the Defendant.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant store to the Plaintiff upon the termination of the instant lease agreement and pay the Plaintiff the rent or unjust enrichment equivalent to the rent of KRW 400,000 per month from September 5, 2016 to the completion date of the instant lease agreement.

The Defendant has been impliedly renewed the instant lease agreement.

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