(영문) 대전지방법원 2015.06.03 2014가단45093

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(영문) 대전지방법원 2015.06.03 2014가단45093

건물명도

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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex 1 list;

(b) Appendix 2 List.

Reasons

1. Facts recognized;

A. On June 13, 201, the Plaintiff and C owned each of the six-story buildings listed in the separate sheet No. 1 (hereinafter “instant building”). On June 13, 201, the Plaintiff and C concluded a lease agreement with the Defendant on the first floor of the instant building (hereinafter “instant lease agreement”).

B. Upon entering into the instant lease agreement, the Plaintiff and the Defendant set the lease deposit amount of KRW 100 million, and the period from September 5, 201 to September 4, 2013, and the rent and value-added tax and management expenses (hereinafter “monthly rent”) of KRW 5.75 million per month (i.e., value-added tax of KRW 5 million (2.5 million), and the monthly rent of KRW 5.2 million from September 2013 to August 2014 (i.e., value-added tax of KRW 4.5 million) was to reduce the monthly rent of KRW 5.2 million (= value-added tax of KRW 4.5 million).

C. Meanwhile, the registration of the establishment of chonsegwon (hereinafter “registration of the establishment of chonsegwon”) was completed as shown in the attached Table 2 list to secure the above lease deposit obligation.

The Defendant did not pay 9,4950,000 won to the Plaintiff and C out of the rent from October 2013 to March 2015, as shown in attached Table 3, and the rent in arrears is KRW 170,000,000 due to the failure to pay 5,7550,000 from April 2015.

E. On October 16, 2014, the Plaintiff sent to the Defendant a content-certified mail indicating his/her intent to terminate the instant lease agreement on the ground that the overdue charge reaches the amount of two rents, and the content-certified mail reached the Defendant around that time.

F. In addition, the Plaintiff expressed his/her intent to claim for the extinction of chonsegwon as the lease contract was terminated and the overdue rent exceeds the lease deposit. On April 22, 2015, an application for change of the purport of the claim and the cause of the claim was served on the Defendant on April 22, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The cause of the action.

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