(영문) 부산지방법원서부지원 2019.07.03 2018가단114394

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(영문) 부산지방법원서부지원 2019.07.03 2018가단114394

건물인도 및 임대료 등

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1. Of the instant lawsuit, the part of the claim for eviction against the Defendants is dismissed, respectively.

2. The Defendants are the Plaintiff in Busan.

Reasons

1. The following facts are recognized, either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 3 (including paper numbers) and the whole purport of the pleadings:

A. On February 20, 2016, the Plaintiff leased the instant building to Defendant B at the rate of 24% per annum from February 21, 2016 to February 28, 2017, the deposit amount of KRW 20,000,000 from February 21, 2016 to February 28, 2017, the monthly rent of KRW 2,310,000 (including additional tax) and the delay delay rate of KRW 24% per annum, and the said lease was explicitly renewed thereafter.

B. Defendant B requested the Plaintiff to allow the name of the tenant under the instant lease agreement to be Defendant C, who had been an employee of Defendant B, on the ground that Defendant B operated the beauty room in a place other than the instant building. Accordingly, the name of Defendant C is indicated in the “Lessee” column under the instant lease agreement.

C. The sum of the rent in arrears by Defendant B from October 31, 2018 following the conclusion of the instant lease agreement is KRW 33,650,000.

On October 29, 2018, the Plaintiff sent to Defendant B a text message stating that the instant lease agreement will be terminated on the ground of the fact that the instant text message was rented out, and then sent the said text message to the said Defendant around that time.

E. After the conclusion of the instant lease agreement, Defendant B paid the above lease deposit to the Plaintiff, and occupied the instant building upon delivery with Defendant C, and Defendant B operated the beauty art room with the trade name “E” in the instant building up to now.

2. ex officio determination as to the legitimacy of the part of the request for the withdrawal against the Defendants, as to the legitimacy of the part of the lawsuit of this case, the Plaintiff sought to leave the said building at the same time while seeking the delivery of the building of this case to the Defendants.

However, the eviction is to release the possessor's possession.

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