(영문) 대구지방법원 경주지원 2018.01.30 2017가단11943

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(영문) 대구지방법원 경주지원 2018.01.30 2017가단11943

건물명도(인도)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 11, 2014, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant as KRW 100 million, KRW 77 million per month of rent (including value-added tax), and KRW 5 years from January 11, 2014 to January 10, 2019 (hereinafter “the instant lease”).

On the other hand, at the time of concluding the instant lease agreement, the Plaintiff and the Defendant agreed that “the lessee shall not change the purpose, structure, etc. of the instant building without the lessor’s consent, and the lessor may terminate the instant lease agreement immediately if it is violated.”

B. Following the conclusion of the instant lease agreement, the Defendant commenced a construction project, such as installation of a shock window, etc., and commenced a business from March 7, 2014 after completing a construction project on March 5, 2014.

C. On February 23, 2017, the Plaintiff sent to the Defendant a content-certified mail stating that “The Defendant would have intentionally damaged six columns of the building, which is an essential part of the instant building, while performing interior works without the consent of the owner of the building or permission, and thus, caused the termination of the instant lease agreement.” At that time, the content-certified mail sent to the Defendant.

On March 9, 2017, the Plaintiff sent to the Defendant a content-certified mail stating that “The Defendant intentionally damaged six columns and two beams of the building, which are an essential part of the building, while performing interior works, due to the Defendant intentionally damaged the building destroyed without the consent of the owner of the building or permission,” and around that time, the content-certified mail sent to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, or the purport of the whole pleadings

2. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion is as follows. The Defendant followed the conclusion of the instant lease agreement.

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