(영문) 인천지방법원부천지원 2019.06.21 2019가합100652

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(영문) 인천지방법원부천지원 2019.06.21 2019가합100652

건물명도(인도)

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1. The Defendant (Counterclaim Plaintiff) delivered to the Plaintiff (Counterclaim Defendant) a building indicated in the attached list.

2...

Reasons

1. Basic facts

A. The Defendant entered into a lease contract with Nonparty D for the lease deposit of KRW 350,00,00 for the instant building, KRW 13,000,00 for monthly rent (excluding value-added tax) and from March 1, 2013 to February 28, 2015 for the lease term of KRW 13,00,00 for the instant building (hereinafter “the instant lease”). The main contents of the special agreement are as follows.

3. Where a lessee fails to pay a rent for one month, the lessor shall guarantee the lessee's business rights for five years;

(from March 1, 2013 to February 28, 2018, as applicable to the contract signed on February 7, 2013)

4. The rent shall be 15 million won (excluding surtax) per month from March 1, 2015 to February 28, 2018;

5.If the lessee fails to pay the rent for one month during the lease period, the lessor shall recognize the third party assignment of the lessee.

(Provided, That the lessee shall give prior notice to the lessor prior to the transfer by a third party of the leased type, etc.

B. From March 1, 2015 to February 28, 2018, the monthly rent of the instant lease was increased to KRW 15,00,000 (excluding value-added tax) as of March 1, 2015, pursuant to the terms and conditions of the instant lease agreement, and the term of the lease was extended by February 28, 2018.

C. The Defendant, upon delivery of the instant building from D pursuant to the instant lease, is operating a coffee store with the trade name “E” at this place.

The Plaintiffs succeeded to the lessor’s status of the instant lease by acquiring the ownership of the instant building (1/2 of each co-ownership) from D on April 21, 2015.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination on the main claim

A. Since the lease of this case was terminated on February 28, 2018, the judgment on the claim for delivery of the building of this case, the Defendant is obligated to deliver the building of this case to the Plaintiffs.

B. The 1st Plaintiffs’ assertion regarding return of unjust enrichment and claim for damages are Nonparty.

유사 판례

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