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(영문) 인천지방법원 2016.07.19 2015가단37688

건물명도등

Text

1. Defendant B:

A. At the same time, KRW 87,116,290 is paid by the Plaintiff.

Reasons

1. Basic facts

A. On November 10, 2005, the Plaintiff and Defendant B entered into a lease agreement with the Plaintiff for the lessor, Defendant B, lessee, lease deposit amount of KRW 85 million, and the term of lease from December 15, 2005 to December 14, 2007 (hereinafter “instant lease agreement”) with respect to the instant real estate, and some of the terms of the said lease agreement are as follows.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.

(2) A lessor shall consent to the establishment of chonsegwon and provide documents.

(3) The current state of facilities shall be clear.

When a facility is damaged during the term of lease, it shall be restored to its original state.

B. According to the instant lease agreement, the registration of the establishment of chonsegwon (hereinafter “registration of the establishment of chonsegwon”) was completed from December 15, 2005 to May 14, 2008 by the Gyeyang Registry of the Incheon District Court as to the instant real estate, as the receipt of No. 72415 on December 22, 2005, Defendant B, a person having chonsegwon, the deposit money of which was KRW 85,00,000, and the duration of which was from December 15, 2005 to May 14, 2008.

C. On October 17, 2007, the Plaintiff sent the content-certified mail stating the refusal to renew the instant lease agreement to Defendant B, and the Defendant received the said mail around that time.

In addition, on November 21, 2007, June 5, 2008, August 18, 2009; August 18, 201; December 1, 2011; December 30, 2011; and June 10, 2015, the Plaintiff sent each of the instant postal items, stating the contents of refusal to renew the instant lease agreement; or seeking to deliver the instant real estate, and the Defendant received each of the said postal items at that time.

[Grounds for Recognition: Evidence Nos. 1 through 5, Evidence No. 1 (in the case of vegetable evidence, including evidence with vegetable number) and the purport of the whole pleadings]

2. The plaintiff's claim against the defendant C.