logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.01.26 2019가합560205
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) Of the 10th rooftops of the buildings listed in the attached list, the indication of the annexed drawings 1, 2, 3, 4, and 1 of the attached list.

Reasons

1. Facts of recognition;

A. On January 1, 2001, the Plaintiff agreed to lease (hereinafter “the instant lease agreement”) a floor of 3.7 square meters in the part of “A” and 138.2 square meters in the part of “b” portion among the rooftops of the building indicated in the attached list No. 1 of this Decree among the rooftops of the building indicated in the attached list (hereinafter “the instant rooftop”) to the Defendant by setting the lease deposit amount of KRW 50 million from January 1, 2001 to January 31, 202, from January 1, 2001 to January 31, 2002 (hereinafter “instant building”).

around that time, the Defendant received delivery of the instant rooftop from the Plaintiff, and installed a advertising tower, such as an advertising tower (this refers to a facility listed in paragraph (b) of Article 1 of the Disposition) on the above rooftop.

The advertising tower was set up (hereinafter “instant advertising tower”).

B. The Plaintiff and the Defendant agreed to increase the monthly rent of KRW 15.4 million around January 2013, when they had renewed the instant lease contract several times.

The above lease contract has been continuously renewed for one consecutive period.

(c)

The Defendant started to delay the monthly rent under the instant lease agreement from June 2018.

On October 23, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the monthly rent was overdue, and that the Plaintiff performed removal of the facility and restoration to its original state.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 8, 10, 13, and 14 (which include numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was terminated on the ground of the defendant's delinquency in rent.

Therefore, barring any other circumstances, the Defendant is obligated to deliver the instant rooftop to the Plaintiff and remove the instant advertising tower as a restitution following the termination of the said contract, and in addition, the Plaintiff’s rent of KRW 462 million from June 1, 2018 to November 30, 2020, which the Plaintiff seeks from June 1, 2018 (i.e., KRW 154 million per month).

arrow