(영문) 수원지방법원 2016.04.26 2014가합68214

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(영문) 수원지방법원 2016.04.26 2014가합68214

건물명도

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1. The defendant

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

(b) KRW 893,681,900 and this shall apply thereto.

Reasons

1. Basic facts

A. On October 23, 2006, the Plaintiff entered into a contract for the construction of the instant building with the non-party corporation, the contractor, for the construction of the building upon obtaining a construction permit for the real estate listed in the attached list (hereinafter “instant building”). The non-party company started the construction upon filing a commencement report on November 3, 2006.

B. On December 15, 2007, before the completion of the instant building, the Plaintiff leased the instant building to the Defendant on December 15, 2007, with a lease deposit of KRW 400 million, KRW 255 million per month, and the period from 15 to 36 months after the commencement of the business after the completion of the construction.

(hereinafter referred to as “the first lease contract”). (c)

On March 24, 2008, the Plaintiff obtained approval for the use of the instant building, and completed registration of ownership preservation on April 27, 2008 with a majority of equity right holders (851.49/1609/160 of equity).

On May 17, 2012, the Plaintiff leased the lease deposit amount of KRW 400 million for the Defendant and the instant building from May 17, 2012 to June 16, 2012, KRW 26 million for the period from June 17, 2012 to May 16, 2013, KRW 27 million for the period from June 17, 2012 to May 16, 2013, and KRW 28 million for the period from May 17, 2013 to the expiration date, and the lease period for the period from May 17, 2012 to May 16, 2014.

(hereinafter referred to as “second lease agreement”). [The grounds for recognition] The fact that there is no dispute, the entry of Gap evidence 2-1, 2, and Eul evidence 4, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. 1) The Plaintiff expressed to the Defendant that the second lease contract was terminated due to the delinquency in payment of management expenses during the period from December 2013 to January 2014. As such, the Plaintiff asserts that the said lease contract was terminated pursuant to Article 12 of the second lease contract, or that the lease was terminated due to the declaration of refusal to renew and the expiration of the period of termination. 2) The Plaintiff and the Defendant at the time of concluding the second lease contract, the monthly rent, management fee, and the Defendant.

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