(영문) 서울동부지방법원 2015.12.01 2015가단9609

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(영문) 서울동부지방법원 2015.12.01 2015가단9609

건물명도 등

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1. The defendant shall give order to the plaintiff each point of the attached Form 1, 2, 3, 4, and 1 among the first underground floors of real estate stated in the attached Form.

Reasons

1. Facts of recognition;

A. On October 2010, the Plaintiff: (a) leased the lease term of KRW 9 square meters (hereinafter “instant building”) to the Defendant on the first floor of real estate underground indicated in the attached Form No. 1, 2, 3, 4, and 1 among the items in the attached Form No. 1 among the items in the attached Form No. 1, 2, 3, 4, and 1; (b) from November 1, 201 to October 31, 201; (c) lease deposit is KRW 10 million; (d) lease deposit is KRW 1,50,000; (e) monthly rent is KRW 1,450,000; and (e) the Defendant operated the instant entertainment tavern from around that time; and (e) the said lease contract was renewed after that time.

B. On August 20, 2013, the Plaintiff: (a) drafted a lease agreement with the Defendant on the condition that the lease term for the instant building from November 1, 2013 to October 31, 2014; (b) lease deposit is KRW 10 million; (c) monthly rent is KRW 1,522,500; and (d) management fee is KRW 315,000 ( separate value-added tax); (c) the Plaintiff requested a settlement prior to filing a lawsuit; and (d) the Defendant agreed that if the Defendant fails to comply with the settlement prior to filing a lawsuit, the contract shall be terminated as a contract; and (e) the instant building shall be ordered to be clarified.

C. The plaintiff was above B.

In accordance with the agreement, the defendant requested settlement prior to filing a lawsuit, but the defendant did not comply with it, and the plaintiff expressed his/her intent to terminate the lease contract of this case to the defendant around January 2015.

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 5, the purport of the whole pleadings]

2. Determination

A. According to the above facts, the term of the instant lease agreement expired on October 31, 2014, and even if the Defendant demanded the Plaintiff to renew the lease agreement, the renewed lease agreement appears to have been renewed under the same conditions as the former lease. As such, the term of the instant lease agreement expired after the lapse of one year from November 1, 2014, and the Plaintiff did not comply with the settlement prior to the filing of the lawsuit, and thus, the term of the instant lease agreement expires.

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