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Reasons
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(영문) 수원지방법원 2015.12.01 2015가단36477
건물인도 등
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 5, 2012, the Defendant entered into a lease agreement with the members of the Reserve Bank in the separate sheet (hereinafter “instant store”) by setting the lease deposit of KRW 20 million, monthly rent of KRW 1.8 million, and the lease term from January 2, 2013 to July 2, 2015.

B. On September 4, 2014, the Plaintiff purchased the instant store at KRW 408,740,000 (including value-added tax of KRW 26,740,000) from Shee Construction Co., Ltd., and at the time of the conclusion of the said sales contract, the Plaintiff agreed to succeed to the existing lease agreement on the instant store.

The Plaintiff completed the registration of ownership transfer with respect to the instant store on September 25, 2014.

C. On September 25, 2014, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with regard to the instant store by setting the lease deposit of KRW 20 million, monthly rent of KRW 1.8 million, and the lease term from January 3, 2013 to July 2, 2015.

On June 22, 2015, the Plaintiff sent a notice to the Defendant that the term of the instant lease agreement would expire on July 2, 2015, by content-certified mail, to the effect that the said lease agreement will be terminated, which reaches the Defendant around that time.

E. Meanwhile, on February 20, 2014, the Plaintiff entered into a lease agreement between Suwon-si D and 104 by setting the lease deposit amount of KRW 40 million, monthly rent of KRW 2.5 million (excluding value-added tax), from March 1, 2014 to October 30, 2015. On September 16, 2015, the Plaintiff entered into a lease agreement between Suwon-si and E by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 3 million, and from September 16, 2015 to September 15, 2017.

Grounds for recognition: A1-6, A7-2, and the whole purport of the pleading.

2. Determination

A. (1) The plaintiff's assertion that the lease contract of this case was terminated at the expiration of the lease term, and the defendant's store of this case is the plaintiff.

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