(영문) 서울중앙지방법원 2018.12.19 2018가단5148682

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(영문) 서울중앙지방법원 2018.12.19 2018가단5148682

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the stores listed in the separate sheet;

B. From July 23, 2018, the above-mentioned A

(b) in paragraph (3);

Reasons

1. Basic facts

A. On February 20, 2014, Nonparty C concluded a lease agreement with the Defendant on the stores listed in the separate sheet, and leased the lease deposit of KRW 12,00,000, KRW 1,400,000 per month of rent (excluding value-added tax) and KRW 1,40,000 from February 20, 2014 to February 19, 2016; and thereafter, Nonparty C extended the lease term on several occasions, and finally extended the lease term on February 19, 2018.

(hereinafter referred to as “instant lease agreement”). On the other hand, there is a special clause stipulating that “The lessee shall consent and deliver the lease at the request of the lessor when reconstruction is decided by the agreement of the owner, etc. of the instant lease agreement.”

B. Meanwhile, owners, including the instant stores, obtained reconstruction permission from the head of Seocho-gu Seoul Metropolitan Government on December 29, 2017.

C. On the other hand, C requested the delivery of the instant store, but the Defendant requested compensation, etc., on the ground that the reconstruction permission was not possible to the Defendant before February 20, 2018, which was the expiration date of the instant lease agreement.

After that, C transferred the ownership of the instant store to the Plaintiff on May 16, 2018.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. According to the above facts, the Defendant is obligated to deliver the instant store to the Plaintiff who acquired the ownership of the instant store from C, barring any special circumstances, and pay the monthly rent of KRW 1,540,000 (i.e., monthly rent of KRW 1,40,000, value added tax of KRW 140,000) until the completion of delivery of the store.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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