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Reasons
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(영문) 서울중앙지방법원 2018.02.06 2017가단5083924
건물명도(인도)
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1. The defendant shall deliver to the plaintiff the real estate indicated on the attached real estate.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. From May 6, 2012 to May 5, 2013, the Defendant entered into a lease agreement stipulating that the instant real estate shall be leased at KRW 50 million from May 6, 2012 to May 5, 2013 (hereinafter “the instant lease agreement”) with C, who was an owner of the indicated real estate (hereinafter “instant real estate”) as indicated in the attached Form, with the term of lease (hereinafter “D”), and from May 6, 2012, the Defendant occupied and used the instant real estate while operating the instant mutual clothes wholesale business with D.

B. On April 13, 2015, the Defendant drafted a lease agreement (the security deposit and monthly rent are not changed) with the term of lease from May 6, 2015 to May 5, 2016.

C. After purchasing the instant real estate from C and completing the registration of ownership transfer on October 15, 2015, the Plaintiff prepared a lease agreement with the Defendant and the instant real estate from October 3, 2015 to May 5, 2016, setting the lease term as KRW 50 million, deposit deposit KRW 50 million, and monthly rent KRW 4 million.

On April 20, 2016, the Plaintiff agreed to renew a lease agreement with the Defendant and to change the monthly rent of KRW 4.5 million, and entered into a lease agreement with the term of lease from May 6, 2016 to May 5, 2017, setting the lease agreement as KRW 50 million, monthly rent of KRW 4.5 million.

E. On January 17, 2017, on May 5, 2017, the Plaintiff sent to the Defendant the content-certified mail stating that the lease contract is to be renewed upon the expiration of the lease contract term. As such, the Plaintiff sent a notice of termination of the lease contract, which requires the Defendant to deliver the instant real estate, and the said mail reached the Defendant on the following day.

F. Accordingly, the Defendant’s “Defendant” around February 27, 2017 to the Plaintiff was for five years from May 6, 2016, which was the starting date of the lease term of a new lease agreement concluded with the Plaintiff on April 20, 2016.

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