(영문) 서울동부지방법원 2015.09.16 2014가단24304

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(영문) 서울동부지방법원 2015.09.16 2014가단24304

점포인도등

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1. The defendant shall be the plaintiff.

(a) deliver the part as described in paragraph 2 of the attached list among the buildings listed in paragraph 1 of the attached list;

Reasons

1. Facts of recognition;

A. The Plaintiff leased all the 1st floor of the building listed in the attached list No. 1 of the attached list No. 1 owned by C and D to C and D, KRW 20 million per month, KRW 1.2 million per month, and the period from October 31, 2008 to October 30, 2009, and thereafter the lease was renewed.

B. Around March 2010, C and D agreed that the content of the right of lease on the part of Paragraph 2 of the attached Table among the first floor of the building listed in Paragraph 1 of the attached Table (hereinafter “instant store”) shall be KRW 15 million, KRW 900,000,000 per month, and KRW 5 million per month, and KRW 5 million, KRW 300,000,000,000,000,000 per month, regarding the remainder except the instant store. The right of lease on the part of the instant store was transferred to the Defendant with the consent of the Plaintiff on March 31, 2010.

C. From April 2010, the Defendant occupies the instant store directly or indirectly from April 201 to now.

From April 2010 to April 2014, the Defendant paid to the Plaintiff only KRW 18.7 million out of the rent of KRW 4.1 million (=9 million x 49 months) for the instant store.

【Fact-finding without a dispute over the basis of recognition, Gap evidence Nos. 1, 3, 7 (including evidence with a provisional number; hereinafter the same shall apply), Eul evidence No. 1, or the purport of the whole pleadings

2. Determination

A. The Defendant did not pay two or more times the rent for the instant store, and it is evident in the record that the duplicate of the instant complaint containing an intent to terminate the said lease on October 16, 2014 was served on the Defendant. Therefore, the said lease was lawfully terminated on the day above.

Therefore, the Defendant delivered the instant store to the Plaintiff, and the unpaid KRW 25.4 million out of the rent from April 2010 to April 2014 for the instant store (i.e., KRW 4.4.1 million - KRW 18.7 million), as sought by the Plaintiff, pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from October 17, 2014 to the date of complete payment, to the date of delivery of the copy of the instant complaint.

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