(영문) 서울북부지방법원 2017.04.27 2016가단143410

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(영문) 서울북부지방법원 2017.04.27 2016가단143410

건물명도

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1. The Defendants are to the Plaintiff:

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

(b) Joint and Several 1,162,703 won and April 2016.

Reasons

1. Facts of recognition;

A. On April 21, 2008, the Plaintiff entered into a lease agreement with the Defendants to lease real estate listed in the [Attachment List owned by the Plaintiff (hereinafter “instant building”) with the Defendants, and continued to renew the agreement. The Defendants are occupying and using the said building when operating a mutual restaurant “D” in the instant building from the time of the first lease agreement to the date of the first lease agreement.

B. On October 3, 2015, the Plaintiff renewed a lease agreement again with the Defendants, and entered into a lease agreement with the lease deposit of KRW 7 million, KRW 1250,000 won (including value-added tax, the last day of each month), monthly rent of KRW 1250,000,000 (hereinafter “instant lease agreement”) from September 1, 2015 to 24 months from the lease term (hereinafter “the lease agreement”). The Plaintiff agreed to the effect that “the lessee may rebuild or alter the instant building under the approval of the lessor, but the lessee shall bear all the expenses and restore the building to its original state in the name city, and the lessor may terminate the contract if the lessee fails to pay the rent for the period of three months.” Meanwhile, the Plaintiff stipulated that “the matters concerning the imposition and correction of the charge for compelling the performance by the office due to the second floor and, if any, all the rent shall be the lessee.”

C. From December 4, 2015 to May 9, 2016, the Defendants paid the Plaintiff KRW 6,250,000,000 as monthly rent, which was appropriated for the monthly rent from February 2016.

On May 10, 2016, the Plaintiff sent to the Defendants, on July 22, 2016, a content-certified mail stating that “The Defendants did not pay the following amounts to the four-year period from March 2016 to June 27, 2016.” The Plaintiff sent the instant lease agreement to the Defendants, “The instant lease agreement shall be terminated automatically,” and the said content-certified mail is around that time.

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