(영문) 서울남부지방법원 2016.07.21 2016가단201962

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(영문) 서울남부지방법원 2016.07.21 2016가단201962

건물명도

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1. The defendant shall indicate to the plaintiff (appointed party) an indication of the annexed drawing among the real estate listed in the annexed sheet.

Reasons

1. Facts of recognition;

A. On July 30, 2015, the Plaintiff (Appointeds) and the designated parties (hereinafter referred to as “Plaintiffs”) entered into a lease agreement with the Defendant and C on July 30, 2015 (hereinafter referred to as “instant lease agreement”) stipulating that the lease term shall be extended until June 30, 2017, the lease deposit shall be KRW 50 million, the rent shall be paid at KRW 350,000 (in addition, value-added tax, parking expenses, and management expenses shall be calculated separately) and shall be paid at the end of each month (hereinafter referred to as “instant lease agreement”).

B. At the time of the instant lease agreement, the lessor agreed that the lessor may terminate the contract in cases where the lessee did not pay the rent for the period of two years, or the lessee did not pay the rent for the period of two years.

C. As of May 31, 2016, Defendant and C did not pay the rent of KRW 12,070,709.

On June 2, 2016, the Plaintiff notified the Defendant, the lessee, and C of the termination of the lease agreement based on the rent-free body, and the said notification reached the Defendant and C on June 3, 2016.

[Ground of recognition] Evidence No. 5 to Gap evidence No. 13, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. First, the Plaintiffs asserted that the instant lease agreement was concluded between the Plaintiffs and the Defendant, and that as of January 4, 2016, the Defendant was in arrears of KRW 11,824,168, and the Plaintiff terminated the instant lease agreement with the delivery of a duplicate of the instant complaint, and thus, the Defendant is obligated to deliver the instant lease agreement to the Plaintiff.

As to this, since the defendant and C jointly concluded the instant lease contract with the plaintiffs, the notice of termination of the lease contract shall be given to both the defendant and C, who are a joint lessee, but since the plaintiff was notified only to the defendant of termination of the lease contract, the plaintiff's notice of termination is not legitimate and invalid.

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