(영문) 서울중앙지방법원 2014.07.30 2013가단306181

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(영문) 서울중앙지방법원 2014.07.30 2013가단306181

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver 741.60 square meters of underground second floor among the buildings listed in the attached list of real estate;

(b) 392.

Reasons

1. Basic facts

A. On July 8, 2011, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) with respect to the instant building, the lease deposit amounting to KRW 200 million; (b) monthly rent of KRW 16 million; (c) from July 1, 2011 to May 30, 2012; (d) monthly rent of KRW 2 million (excluding value-added tax); and (e) monthly rent of KRW 2 million (excluding value-added tax); and (e) monthly rent of KRW 2 million (excluding value-added tax); and (e) monthly rent of KRW 2 million in arrears (hereinafter “instant lease agreement”).

B. The instant lease agreement was explicitly renewed after the expiration of the period, and the Defendant sub-leaseed the instant building to A on October 26, 2012, and thereafter, from around that time to the time the instant building was closed, A operates an entertainment tavern in the instant building.

C. From March 2013, the Defendant began to delay the payment of rent, etc., and the Plaintiff expressed to the Defendant the intention to terminate the instant lease agreement on the ground that the Plaintiff’s failure to pay rent, etc. for at least seven minutes from March 2013 to July 2013 by serving a written complaint of this case on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of claim

A. 1) On the ground that the Plaintiff’s lease contract of this case was lawfully terminated on the grounds of the Defendant’s delinquency in rent, etc., the Defendant asserts that the Defendant sought the delivery of the building of this case and the payment of overdue rent, etc. to the Defendant as set forth in the following 2.

2. When the Plaintiff and the Defendant jointly develop two parcels of land owned by the Plaintiff and jointly build new tourist hotels on the ground, the Defendant entered into a partnership agreement with the Plaintiff on the business that the Defendant will perform the joint development procedures and other duties, and share the official hotel construction funds among the Plaintiff and the Defendant.

Pursuant to the above agreement, a public hotel will be newly constructed on the real estate owned by the plaintiff.

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