(영문) 전주지방법원 2016.07.12 2016가단1368

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(영문) 전주지방법원 2016.07.12 2016가단1368

건물명도

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 20, 2009, the Plaintiff and the Defendant indicated as “26.84m2, 223.24m2, 3rd council members’ 223.24m2, 63.42m2, 127.5m2, 223.24m2, 63.42m2, 127.5m2, and 223.24m24m2,” on the registration ledger of the building in the attached list owned by the Plaintiff.”

Among them, a lease contract was concluded with respect to the lease deposit of KRW 10,00,000, monthly rent of KRW 550,000, and the lease term of KRW 2 years with respect to the instant real estate in which the part 113 square meters in the 1st floor is indicated (hereinafter “instant real estate”). On December 20, 201, a lease contract was concluded with regard to the instant real estate in which the lease deposit is KRW 10,000,000, monthly rent of KRW 700,000, and the lease term is from December 20, 2011 to December 20, 2015 (hereinafter “instant lease contract”).

B. On December 11, 2015, the Plaintiff sent to the Defendant a certificate of content that the term of the instant lease would not be extended after the expiration of the contract term.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and 5-1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The parties’ assertion 1) notified the termination of the contract several times from six months before the expiration date of the contract term of the Plaintiff’s instant lease agreement, and around January 2016, the Defendant agreed to order the instant real estate from April 20, 2016, but the said agreement was null and void by refusing to prepare the agreement, and thus, the contract term has not been extended. Therefore, as the instant lease agreement expired, the Defendant issued the instant real estate to the Plaintiff, and as such, the Defendant is obliged to order the instant real estate from December 20, 2015 to December 20, 2015, to compensate for damages equivalent to the rent of KRW 2,200,000, the monthly rent of the portion indicated in the attached drawing of the instant real estate and the instant building from December 20, 2015.

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