(영문) 대전지방법원 2017.09.14 2016가단228229

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(영문) 대전지방법원 2017.09.14 2016가단228229

건물명도

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 28, 2015, the Defendant and C entered into a lease agreement with D on the instant commercial building, setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 1,700,000 (hereinafter “instant lease agreement”) between October 15, 2015 and October 14, 2017, and thereafter, they operated a restaurant in the instant commercial building from around that time.

B. On May 11, 2016, the Plaintiff purchased the instant commercial building from D, and succeeded to the lease agreement on the instant commercial building.

[Ground for recognition] Unsatisfy

2. The assertion and judgment

A. The Plaintiff’s assertion terminates the instant lease agreement for the following reasons, and the Defendant is obligated to deliver the instant commercial building to the Plaintiff.

(1) The Defendant, as well as the lessor, changed the lessee of the lease contract to E Co., Ltd. (hereinafter “Nonindicted Company”), which is a joint lessee, to the tax office, and completed the registration of business in the name of Nonparty Company.

This act of the defendant is a reason for termination of the lease contract by impairing the trust in the lease contract.

(2) There are another commercial building on the side of the instant commercial building, and its entrance was separated. However, the Defendant arbitrarily removed the wall of the entrance, damaged the wall by putting the studane in the passage from the entrance to another commercial building, and prevented another commercial building from being occupied and used without permission, such as piling up and altering the window of the instant commercial building, and arbitrarily changed the structure, such as opening up and remodeling the window of the instant commercial building.

(3) C, a joint lessee, expressed his/her intention to maintain the instant lease agreement to the Plaintiff and agreed to terminate the contract. The Plaintiff returned KRW 20,000,000 out of the lease deposit to C.

One of the co-residents has no intention to maintain the instant lease agreement.

유사 판례

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