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Reasons
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(영문) 수원지방법원안산지원 2019.04.17 2018가단11497
건물명도 등
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) As from June 1, 2018, KRW 1,760,00 and above.

Reasons

1. Basic facts

A. On April 30, 2015, the Plaintiff entered into a lease agreement with the Defendant on the attached list (hereinafter “instant real estate”) with a deposit of KRW 5 million, term of lease from April 30, 2015 to November 30, 2016, with regard to the real estate listed in the attached list (hereinafter “instant real estate”).

However, for the convenience of the defendant's business registration, the tenant shall be C, but the above contents of the lease contract has been prepared separately.

B. Since then, there was a circumstance that the Defendant should change the name of business registration from “C” to “D”, the Plaintiff, at the Defendant’s request, determined on October 30, 2016 as KRW 5 million for the instant real estate, from October 31, 2016 to October 31, 2017, the lease deposit amount of KRW 750,000 for the instant real estate, and the lease term of KRW 750,000 for the rent month (excluding value-added tax), and the lessee’s name was written in D.

C. In other words, there is a reason to change the name of business registration from D to E, and the Plaintiff, on July 25, 2017, determined the name of the Defendant as KRW 5 million for the instant real estate, from July 31, 2017 to July 31, 2018, as the lease deposit amount of KRW 5 million for the instant real estate, from July 31, 2017 to July 31, 2018, and the name of the lessee was written in E.

The defendant does not pay the rent after April 1, 2018.

There is no dispute between the parties that the sum of rent for April 2018 and May 2010, including value-added tax, is KRW 1,760,00.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. According to the above recognition, the instant lease contract was terminated on July 31, 2018.

As such, the Defendant delivered the instant real estate, which is the leased object, to the Plaintiff, and paid the sum of the rent for April, May, 2018 to KRW 1.76 million, and ③ 80,00 per month from June 1, 2018 to the completion date of delivery of the instant real estate.

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