(영문) 광주지방법원 2015.02.12 2014가합58087

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(영문) 광주지방법원 2015.02.12 2014가합58087

건물명도

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1. The defendant connects the plaintiff with each point of the attached Form 1, 2, 3, 4, 5, and 1 among the buildings listed in the attached list.

Reasons

1. Determination as to the cause of claim

A. (1) On July 1, 2013, the Plaintiff: (a) leased the instant store to the Defendant with a deposit deposit of KRW 30 million; (b) monthly rent of KRW 3.6 million; and (c) from July 1, 2013 to June 30, 2014 (hereinafter “instant lease agreement”); and (d) delivered the instant store to the Defendant by setting the lease period of KRW 3.6 million (hereinafter “instant lease agreement”).

(2) The Defendant obtained permission for the business of entertainment tavern from the head of the Gwangju Metropolitan City Mining Office with the trade name “C” as to the instant store.

(3) The Plaintiff and the Defendant returned the instant store to the Plaintiff by June 30, 2014, which is the expiration date of the instant lease agreement. However, if D, after the lapse of June 30, 2014, leased the leased object, the Defendant entered into an agreement with the Plaintiff to return the instant store on the date of its return.

(4) On September 1, 2014, D transferred to the Plaintiff the part other than the instant store out of the buildings indicated in the attached list.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, 4-6, the purport of the whole pleadings

B. According to the facts established prior to the determination, the instant lease agreement was extended on September 1, 2014 by the agreement between the Plaintiff and the Defendant to return the leased object to the Plaintiff. The instant lease agreement was terminated as of September 1, 2014, and the lessee’s duty to restore due to the termination of the lease agreement includes not only transferring the possession of the real estate used by the lessee to the lessor, but also the lessor’s duty to cooperate for the lessor to use the real estate again in line with the purpose of the lease at the time of lease (see Supreme Court Decision 2008Da34903, Oct. 9, 2008).

참조판례

-대법원 2008. 10. 9. 선고 2008다34903 판결

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