(영문) 부산지방법원동부지원 2015.11.19 2015가합1122

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(영문) 부산지방법원동부지원 2015.11.19 2015가합1122

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) From November 1, 2015 to A.

subsection (b).

Reasons

1. Basic facts

A. On June 7, 1986, the Plaintiff’s father C entered into a lease agreement with the Defendant to lease the instant real estate with a period of 12 months fixed. The said lease agreement was implicitly renewed on several occasions.

B. On March 28, 2001, the Plaintiff completed the registration of ownership transfer based on inheritance, and on June 1, 2001, the Plaintiff concluded a lease agreement with the Defendant setting the lease term of 36 months, lease deposit of 50,000,000 won, and rent of 1,000,000 won per month (payment on January 30, 200) (hereinafter “instant lease agreement”). At that time, the Plaintiff transferred the instant real estate to the Defendant.

Since the end of May 30, 2004, the instant lease agreement was implicitly renewed several times.

C. The Defendant did not pay the rent for a considerable period after paying the rent according to the instant lease agreement. The total rent unpaid by March 2014 was KRW 31,500,000.

On January 14, 2015, the Plaintiff sent a notice to the Defendant that the instant lease contract will be terminated on the grounds of the delinquency in rent for at least two months, which reaches the Defendant around that time.

E. On the other hand, on January 16, 2015, the Defendant paid KRW 31,500,000 to D, who is the Plaintiff’s mother, under the pretext of unpaid rent, and thereafter, paid KRW 1,00,000 per month to D on the pretext of rent by the closing date of the instant argument.

F. As of the date of the closing of argument, the Defendant used the first and second floors of the instant real estate as a restaurant, and resides in the third floor.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including paper numbers), the purport of the whole pleadings

2. Whether the defendant's rent is overdue

A. The Defendant asserted that the Plaintiff’s mother would remodel the instant real estate as D and worn out at the Defendant’s expense, and agreed to suspend the Defendant’s rent for a considerable period of time, taking into account the construction cost.

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