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Reasons
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(영문) 인천지방법원 2017.04.20 2015가단219770
건물명도
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1. The defendant

(a) deliver the real estate listed in the annex 1 list;

B. From February 28, 2017, KRW 1,200,00 and the above.

Reasons

1. Determination as to the cause of claim

(a) The following facts of recognition are not disputed between the parties, or may be acknowledged by comprehensively considering the purpose of the entire pleadings in each entry in Gap evidence Nos. 1 to 3, and Eul evidence No. 1:

(1) On June 13, 2014, the Plaintiff leased real estate listed in the separate sheet No. 1 (hereinafter “instant store”) to the Defendant with the lease deposit of KRW 100 million, KRW 500,000,000 (including additional tax, and KRW 30,000,000 for monthly rent) and the lease term from June 30, 2014 to June 30, 2016.

(hereinafter “instant lease agreement”). Article 4 of the instant lease agreement provides that “The acquisition or transfer of a business right shall be made at the disposal of the lessor on or before June 30, 2014, which is the due date for the remainder payment.”

She around that time, the Defendant paid KRW 100 million to the Plaintiff, received the instant store from the Plaintiff, and filed a business report (hereinafter “instant business report”) as shown in the attached Table 2 list on July 14, 2014, and registered the business with the trade name “C” on July 19, 2014, and commenced business from July 29, 2014.

On April 7, 2015, the Plaintiff notified the Defendant that “Around April 30, 2015, the Plaintiff terminated the instant lease agreement and paid the unpaid rent (as of April 30, 2015)” (as of April 30, 2015, KRW 55 million). The Plaintiff reached the Defendant around that time.

• The Defendant is operating “C” in possession of the store of this case until now.

B. (1) According to the above facts, the instant lease agreement was terminated due to the Plaintiff’s declaration of termination, barring any special circumstance, and the Defendant is obligated to deliver the instant real estate to the Plaintiff.

Dor, it is also necessary to transfer the tenant's possession of the real estate used by the lessee to the lessor.

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