(영문) 대구지방법원김천지원 2017.11.02 2016가단33949

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(영문) 대구지방법원김천지원 2017.11.02 2016가단33949

건물명도

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1. The defendant shall be the plaintiff.

(a) deliver two-story resting restaurants of 130.68 square meters among buildings listed in the attached list;

(b) 20,700.

Reasons

1. Basic facts

A. On March 1, 2014, the Plaintiff entered into a lease agreement with the Defendant and the attached list (hereinafter “instant building”) with regard to the lease deposit of KRW 5 million and the lease term of KRW 24 months from March 1, 2014 to March 1, 2016 with respect to the second floor resting restaurant 130.68 square meters (hereinafter “instant commercial building”).

B. The Defendant operated a coffee store with the trade name “C” in the instant shopping mall.

C. Around 2015, the Plaintiff sold the instant building to D and E, and completed the registration of ownership transfer for D and E on December 28, 2015, but the said registration of ownership transfer was cancelled on October 19, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5 (including branch numbers), witness D's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was made to reduce the monthly rent of KRW 500,000 to KRW 500,000 for one year after the conclusion of the instant lease agreement, and the Plaintiff did not fully pay the rent by October 31, 2016 after the instant lease agreement was concluded.

The Plaintiff notified the Defendant of the termination of the lease agreement on several occasions, and agreed to terminate the instant lease agreement and deliver it to the original state as of February 29, 2016, but did not deliver the instant commercial building.

Therefore, the Defendant is obligated to deliver the instant commercial building to the Plaintiff and pay the unpaid rent and unjust enrichment equivalent to the rent.

B. The Plaintiff and the Defendant initially concluded a lease agreement of KRW 5 million, monthly rent of KRW 5 million, and KRW 500,000,000, and the Defendant demanded that the Plaintiff’s agent prepare a false contract of KRW 5 million, monthly rent of KRW 1 million, in order to assist the Defendant in selling the building, and that the Defendant make such a lease agreement of KRW 5 million.

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