(영문) 서울남부지방법원 2016.02.16 2015가단46359

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(영문) 서울남부지방법원 2016.02.16 2015가단46359

건물인도

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 13, 2014, the Plaintiff completed the registration of ownership transfer with respect to C, Yeongdeungpo-gu Seoul Metropolitan Government, and C, D Ground E-building Nos. 306 and 306-1 (the same as the real estate stated in the attached list; hereinafter referred to as “instant real estate”). On the same day, the Plaintiff leased the instant real estate to the Defendant by determining the deposit amount of KRW 20,000,000, monthly rent of KRW 2,100,000 (excluding value-added tax and management expenses; hereinafter the same shall apply), the lease period from October 13, 2014 to May 11, 2015.

(hereinafter “instant lease agreement”). B.

On November 3, 2014, the Defendant: (a) on the instant real estate, concluded the following agreements with the Plaintiff; and (b) the main contents thereof are as follows:

(hereinafter “this Agreement”) . - If a third party, other than the defendant, operates a singing room after May 11, 2015, raising a deposit of KRW 50,00,000, monthly rent of KRW 3,000,000, and if the defendant continues to operate a singing room after May 11, 2015, the amount of deposit of KRW 30,000,000, monthly rent of KRW 3,000,000 shall be raised.

C. Since May 11, 2015, the Defendant only paid the monthly rent in the instant real estate during the instant period from the time of the closing of argument to the time of the instant argument, and did not increase the deposit to the extent that it would have increased and paid the monthly rent.

According to Article 4 of the instant lease agreement, in the event that the monthly overdue charge reaches two terms, the lessor may terminate the contract.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 4 (including branch numbers, if there is a ground for recognition) and the purport of whole pleadings

2. The assertion and judgment

A. According to the Plaintiff’s assertion of this case’s agreement, after May 11, 2015, the Defendant agreed to increase the deposit amount of KRW 30,000,000 to KRW 3,000 per month. The Plaintiff refused to do so and paid only rent for the previous month, while running a singing room business on the instant real estate.

Therefore, the lease contract of this case is terminated.

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