(영문) 대구지방법원 2016.08.31 2015나13810

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(영문) 대구지방법원 2016.08.31 2015나13810

건물명도등

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1. Of the part on the principal lawsuit in the judgment of the court of first instance, the list with respect to the Plaintiff (Counterclaim Defendant) shall be as shown in the attached Form.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On March 15, 2006, the Defendant leased one of the buildings listed in the separate sheet (hereinafter “instant store”) from C by setting the lease deposit of KRW 30 million, KRW 2.5 million per month (prepayment on April 15, 2006), and the lease term from April 15, 2006 to April 15, 2013.

B. C filed a lawsuit against the Defendant, whose lease term expires, seeking the delivery, etc. of the instant store as the Seoggu District Court Branch Branch of the 2013Kadan12246, and on June 10, 2013, the above court concluded a conciliation with C, setting the lease deposit amount of the instant store as KRW 40 million, monthly rent of KRW 300,000 (excluding value-added tax) and the lease term as from April 10, 2013 to April 15, 2015.

C. On May 19, 2014, the Plaintiff purchased a building listed in the separate sheet from C and completed the registration of ownership transfer on June 3, 2014.

From June 15, 2014, the Defendant did not pay the Plaintiff the rent. Accordingly, on August 18, 2014, the Plaintiff sent to the Defendant a content-certified mail to the effect that the lease contract is terminated without paying the rent by August 22, 2014. The content-certified mail sent to the Defendant around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 8, 11, Eul evidence No. 23, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the facts of the determination as to the cause of the claim, the Plaintiff succeeded to the lessor’s status under a lease agreement concluded pursuant to the conciliation of related civil cases with respect to the instant store, and the lease agreement between the Plaintiff and the Defendant was concluded between the Defendant on August 18, 2014, which contained the Plaintiff’s declaration of intent to terminate the contract on the grounds of the three-year overdue overdue overdue payment, and the Defendant did not pay the overdue payment by August 22, 2014.

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