(영문) 의정부지방법원 2019.02.20 2018나2593

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(영문) 의정부지방법원 2019.02.20 2018나2593

건물인도

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1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim added by this court, is as follows.

Reasons

The main lawsuit and counterclaim are also examined.

1. According to the records of this case, the first instance court rendered a favorable judgment against the defendant on January 11, 2018 after serving a copy of the complaint and the notice of the date of pleading by public notice on the defendant, and served the defendant as a favorable judgment on January 11, 2018. The original copy of the judgment also served the defendant by public notice. The defendant becomes aware of the fact that the judgment of the first instance was rendered only on March 26, 2018, and filed an appeal for the subsequent completion on March 28, 2018. Thus, the defendant was unable to comply with the period of appeal due to any cause not attributable to the defendant. Since the defendant filed an appeal for subsequent completion within two weeks from the date on which the cause ceases to exist, the appeal of this case is legitimate.

2. Facts of recognition;

A. The Plaintiff leased the instant store from C, the owner of the first floor store underground (hereinafter “instant store”) among the real estate indicated in the attached list.

B. On December 3, 2015, the Plaintiff entered into a sublease contract with the Defendant by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 3,100,000 (payment on January 3), and the lease period of KRW 3,10,00 for the instant store from December 3, 2015 to December 3, 2018.

(hereinafter “The instant sub-lease contract”). Around that time, the Plaintiff delivered the instant store to the Defendant, and the Defendant paid KRW 20,000,000 to the Plaintiff.

C. On February 28, 2003, the Plaintiff registered the business with the trade name “D”, and obtained permission for the instant store as “E entertainment tavern”.

After the instant sub-lease contract, the Defendant run an entertainment tavern business in the name of the Plaintiff.

Around May 3, 2017, the defendant argued that the plaintiff did not pay the rent from May 3, 2017, and that the last one month's monthly rent was paid around April 3, 2017.

(See the legal brief dated 14, 2018) from November 14, 2018, the Plaintiff is the monthly rent.

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