(영문) 춘천지방법원 강릉지원 2017.01.10 2016가단52209

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(영문) 춘천지방법원 강릉지원 2017.01.10 2016가단52209

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Attached 1 drawings among the 1st floor of the building indicated in the annexed Form (the indication of the building);

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 22, 2012, the Defendant concluded a lease agreement with the Plaintiff on the following: (a) the leased deposit amounting to KRW 10,00,00, the lease period of KRW 24,00,00, monthly rent of KRW 400,00 with respect to the part on board (a) and 46.36 square meters (hereinafter “instant store”) connected each point in sequence with the Plaintiff among the 1st floor of the building listed in the attached Table (building Indication) owned by the Plaintiff; and (b) on April 30, 2014, the lease agreement was concluded again with the Defendant on April 20, 2014, with the lease period of KRW 24 months from April 20, 2014.

B. On March 29, 2012, the Defendant entered into a lease agreement with the Plaintiff on the three floors of the building listed in the attached Form (building Indication) owned by the Plaintiff, setting the lease agreement as KRW 1,00,000, monthly rent of KRW 280,000 with respect to the portion (Ga) part (Ga) in the ship connected with each point in sequence C, and KRW 22.75m2 (hereinafter “instant studio”) in the name of the Defendant.

C. Since July 2014, the Defendant did not pay the rent for the instant studio. As of March 21, 2016, the Plaintiff sent to the Defendant a certificate of content that, as of March 21, 2016, the Plaintiff terminated the lease agreement for the instant studio, and did not recontract the instant studio, and that the Plaintiff reached the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. According to the above facts of recognition, the lease contract for the store of this case was terminated on April 19, 2016 by the plaintiff's notice of rejection of renewal, and the lease contract for the room of this case was terminated by the plaintiff's notice of termination.

Therefore, the Defendant delivered the instant store and studio to the Plaintiff, and from July 2014 to March 2016, 5,880,000 won (=280,000 won x 21 months) and from April 1, 2016.

유사 판례

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