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Reasons
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(영문) 청주지방법원충주지원 2014.12.18 2014가합772
건물명도 등
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex 1 list;

(b)12,860,000 won and this shall apply thereto;

Reasons

1. Basic facts

A. On November 23, 2011, the Plaintiff leased to C real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) owned by the Plaintiff to KRW 20,000,000 for lease deposit, and KRW 1,980,000 for rent monthly (including value-added tax).

B. Under the Plaintiff’s consent, the Defendant agreed to succeed to the lessee’s status as to the instant real estate from C. Accordingly, on May 4, 2012, the Plaintiff entered into a lease agreement with the Defendant under the same terms and conditions as C’s lease agreement (hereinafter “instant lease agreement”) with the Defendant, and C transferred the instant real estate to the Defendant around May 4, 2012.

C. From December 4, 2012, the Plaintiff and the Defendant agreed to reduce the rent of the instant real estate to KRW 1,650,000.

On October 8, 2013, the Defendant paid KRW 1,00,000 among the rent from May 4, 2012 on the instant real estate to the Plaintiff, and thereafter did not pay the rent at all. The Plaintiff, via a copy of the instant complaint, declared to the Defendant that the instant lease contract will be terminated on the grounds of the Defendant’s delinquency in rent for more than two years. The duplicate of the instant complaint reached the Defendant on July 2, 2014.

E. The Defendant obtained a business license listed in the separate sheet No. 2 (hereinafter “instant business license”) regarding the instant real estate, and has possessed and used the instant real estate until now.

[Ground of recognition] without any dispute, entry of Gap Nos. 1, 3, and 5, fact-finding results in this court's loyalty, the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was lawfully terminated, and thus, the Defendant delivered the instant real estate to the Plaintiff. From May 4, 2012 when the Defendant leased the instant real estate from the Plaintiff to December 3, 2012, the date immediately preceding the date when the Plaintiff and the Defendant agreed to reduce the rent for the instant real estate.

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