(영문) 창원지방법원 통영지원 2018.11.27 2018가단23925

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(영문) 창원지방법원 통영지원 2018.11.27 2018가단23925

건물명도(인도)

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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. Facts of recognition;

A. The Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 40 million, monthly rent of KRW 500,000,000, and the lease term of KRW 2 years from March 8, 2011 with respect to the building listed in the attached list owned by the Plaintiff (hereinafter “instant building”).

B. On January 25, 2011, the Defendant paid KRW 5 million to the Plaintiff as down payment. On March 9, 2011, the Defendant paid KRW 35 million for the remainder of lease deposit. Around that time, the Plaintiff transferred the instant building from the Plaintiff and used it as fishing facilities (fishing vessel operation).

C. The Plaintiff and the Defendant have renewed the instant lease agreement, and, on March 8, 2016, decided to extend the term of the instant lease agreement from March 8, 2016 to March 7, 2018.

[Reasons for Recognition: Facts without dispute, entries in Gap evidence 1 through 3 (including branch numbers in the case of additional number), the purport of the whole pleadings]

2. Summary of the parties' arguments;

A. The Plaintiff and the Defendant have renewed the instant lease agreement on a one-year or two-year basis. Since the Plaintiff notified the Defendant of his refusal to renew the instant lease agreement from October 2017, the instant lease agreement was terminated on March 7, 2018.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

B. Although the Defendant’s instant lease agreement was implicitly renewed, the Plaintiff asserted the termination of the instant lease agreement lawfully renewed on the grounds that the Defendant did not cooperate in the process of deprived of the Plaintiff’s former leader C’s status as an associate member of the fishing village fraternity for the purpose of having the Defendant join the Plaintiff’s fishing village fraternity.

Therefore, the plaintiff's claim is improper.

3. Determination

A. Determination as to the termination of the instant lease agreement, the entire lease term of the instant lease exceeds five years after March 7, 2018, and the Defendant, a lessee, is the Gu.

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