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Reasons
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(영문) 대전지방법원천안지원 2017.11.22 2016가단114787
건물명도
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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant):

(a) remove the real estate listed in Attachment No. 3;

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land D (the land indicated in paragraph (3) of the attached Table; hereinafter referred to as the “instant land”), the ground block (the building indicated in paragraph (1) of the attached Table), the Dongho-ho-dong building (the building listed in paragraph (2) of the attached Table; hereinafter referred to as the “instant building”).

On March 23, 2015, the Plaintiff entered into a lease agreement with Defendant B with the terms that the instant building is leased at KRW 30 million, KRW 50 million per month (including value-added tax; hereinafter the same shall apply), and from April 10, 2015 to April 9, 2016 (hereinafter “instant lease agreement”).

B. On April 10, 2015, the Plaintiff transferred the instant building to Defendant B.

Defendant C Co., Ltd., a company run by Defendant B, newly constructed a building of approximately 16.5 square meters of the part (C) in the ship connected in sequence of each point of (7), 8, 9, 10, and 7, on the ground of the instant land at around that time, and occupies and uses each of the above buildings together with Defendant B.

C. Around April 2016, the Plaintiff notified Defendant B that the instant lease agreement was increased to KRW 7.7 million per month from April 10, 2016, and the Defendants paid to the Plaintiff the amount of KRW 7.7 million per month from April 10, 2016 to July 10, 2016.

Defendant B did not pay the rent from August 10, 2016 to November 9, 2016.

On November 10, 2016, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the ground of the delinquency in rent for the third period.

E. The Defendants paid KRW 7 million to the Plaintiff on January 10, 2017, and KRW 5.5 million on February 10, 2017, and March 10, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the facts found above, the instant lease agreement is three years of delay.

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