(영문) 대구지방법원김천지원 2015.01.15 2014가단5339

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(영문) 대구지방법원김천지원 2015.01.15 2014가단5339

건물명도 등

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1. The defendant shall be the plaintiff.

A. At the same time, 80 million won is paid to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. In light of the overall purport of the pleadings as stated in the evidence Nos. 1 through 4, including the absence of dispute, the Defendant: (a) entered into a lease agreement on October 1, 2004 with C, which is the former owner of the building listed in the separate sheet (hereinafter “instant building”); (b) and (c) entered into a lease agreement on the said building under the condition of two years of contract period, and operates a restaurant with D starting from that time; (c) entered into the lease agreement on the said building; and (d) entered into the lessee’s name at that time; (d) the Defendant entered into a lease agreement with C and the instant building under the name of the principal on January 1, 2010 for KRW 80,000,000,000 for the lease deposit, monthly rent 4,000,000 for the instant building; and (d) entered into a new lease agreement with C from the Plaintiff on March 26, 2013 (hereinafter “instant lease agreement”).

4. Upon completion of the registration of ownership transfer on April 19, 201, the fact that: (a) succeeded to the lessor status of the instant lease agreement under an agreement between the parties around that time; and (b) on April 18, 2013, C declared to the Defendant that “the instant lease agreement was explicitly renewed, but the building was delivered to the Defendant by December 31, 2013; and (c) the said notification was delivered to the Defendant around that time; (b) the Defendant paid KRW 4 million to the Plaintiff from April 2013 to December 2013; however, it is recognized that the Plaintiff occupied the instant building without paying the rent thereafter.

B. Therefore, the instant lease agreement was terminated on December 31, 2013, as indicated in C’s declaration of intent to terminate the lease agreement, or at least terminated on May 21, 2014, the copy of the instant complaint, which contains the Plaintiff’s declaration of intention to terminate the lease agreement, was served on the Defendant due to the Defendant’s delinquency in rent, barring any special circumstance, the Defendant delivers the instant building to the Plaintiff, and barring any special circumstance.

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