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Reasons
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(영문) 수원지방법원안산지원 2020.05.06 2019가단15236
건물명도 등
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1. The Defendant against the Plaintiff (Appointed Party) and the appointed parties D, E, F, and G:

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

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party) and the appointed parties D, E, F, and G (hereinafter “Plaintiffs”) are co-owners holding each 1/5 share of the real estate listed in the separate sheet (hereinafter “instant building”).

B. On November 15, 2018, the Plaintiffs entered into a lease agreement between the Defendant and the Defendant (hereinafter “instant lease agreement”) with the terms of KRW 50 million, monthly rent of KRW 5.3 million, and the term of lease from November 20, 2018 to November 19, 2020, and leased the instant building to the Defendant.

C. The Plaintiffs and the Defendant agreed in the instant lease agreement that “The part of the entertainment heavy taxation (property tax heavy taxation) arising from the operation of the entertainment tavern is borne by the Defendant.”

(Paragraph 3). (d) of this agreement.

The Plaintiffs and the Defendant agreed in the instant lease agreement that “The Defendant shall be deemed to have waived the monthly rent, management fee, and tax and public dues for a period of two months, and both the Plaintiffs and the Defendant shall be deemed to have agreed to terminate the contract.”

E. From the conclusion of the instant lease agreement to August 9, 2019, the Defendant paid the Plaintiffs KRW 20,320,000 in total as the rent for the instant building.

F. Of the property tax imposed on the instant building in 2019 (from June 1, 2017 to May 31, 2018), the part to be borne by the Defendant (from November 20, 2018 to May 31, 2019) is KRW 6,939,00, and the part to be borne by the Defendant among the property tax imposed on the instant building’s land in 2019 is KRW 6,531,480.

G. On August 16, 2018, the Plaintiff (Appointed) notified the Defendant that the contract will be rescinded if the unpaid rent, property tax, etc. is not paid by August 16, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the instant lease contract is the defendant.

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