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(영문) 수원지방법원평택지원 2016.07.15 2015가단7096

건물명도등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 22, 2013, the Plaintiff entered into a lease agreement with the Defendant, stipulating that “the instant building shall be KRW 30,000,000, monthly rent of KRW 2,50,000 (the first day of each month from October 23, 2013, the additional tax shall be paid by the lessor from October 23, 2015 to October 22, 2015,” and the additional tax shall be borne by the lessor from October 23, 2013 to October 22, 2014,” and that “the instant lease agreement shall be subsequently consulted on November 2014, 2014,” and at that time, the instant building was handed over to the Defendant.

B. At the time of the instant lease agreement, the Defendant purchased 20,000,000 the collection equipment necessary for the operation of Chinese restaurants, such as a cooling machine, a washing machine, a table, and a misunderstanding, etc., from the Plaintiff, and thereafter, operated the Chinese restaurant (hereinafter “instant restaurant”) with the trade name “C” in the instant building.

C. Meanwhile, the Plaintiff did not pay the instant rent from May 19, 2014 to the Defendant, on or before June 19, 2014, the Plaintiff sent to the Defendant a notice for termination of the instant lease agreement (hereinafter “the notice for termination of the instant lease”) stating that the Plaintiff would terminate the lease agreement by July 4, 201. The said notice reached the Defendant on June 23, 2014.

On July 9, 2014, the Defendant sent to the Plaintiff a letter of peremptory notice on the termination of the lease agreement. The Defendant accepted the notice of termination and consented to the termination of the lease agreement on July 4, 2014. By July 30, 2014, I will read the instant building by ordering the instant building. (hereinafter “the letter of prior notice”), which was returned.

[Ground of Recognition] Facts without dispute between the parties, A No. 1.