beta
(영문) 수원지방법원 2018.04.13 2017가단24300

건물인도

Text

1. The Plaintiff:

A. The Korea Development Bank Co., Ltd. shall receive KRW 70,000,000 from the Plaintiff at the same time.

Reasons

1. Facts of recognition;

A. On June 23, 2003, the Plaintiff concluded a lease contract between the Defendant Company and the Defendant Company by setting a deposit amount of KRW 70,000,000 for the instant store owned by the Plaintiff, KRW 1,800,000 for rent month, and KRW 1,80,000 for rent period from June 13, 2003 to June 12, 2004.

On August 18, 2004, the Plaintiff and Defendant Company changed the above lease to June 13, 2004, the lease term of KRW 1,500,000 from June 13, 2004 to June 12, 2005, and continued to renew the above lease contract under the same conditions, and finally, the lease term of this case was finally renewed by setting the lease term of this case from June 13, 2014 to 36 months.

(hereinafter “instant lease agreement”). B.

Around June 2003, the Defendant Company paid the Plaintiff KRW 70,000,000 as above, and received delivery of the instant store and operated the “C store” as a mutual convenience store.

C. Defendant B entered into an entrustment agreement with the Defendant Company on the above convenience store and opened the instant store upon delivery around October 10, 2016.

On April 19, 2017, the Plaintiff sent to the Defendant Company a certificate of content to the effect that the instant store was delivered by June 12, 2017, without any intention to extend the contract, and on the same day, the Defendant Company sent to the Plaintiff a certificate of content to the effect that the instant store was requested to renew the lease contract.

However, on April 25, 2017, the Plaintiff sent back a content-certified mail to the Defendant Company requesting the delivery of the instant store by June 12, 2017.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6 (including each number, hereinafter the same shall apply), Eul's evidence 1 and 2, and the purport of the whole pleadings

2. Determination as to the claim against the defendant company

A. According to the above facts of recognition as to the cause of the claim, the Plaintiff is the Defendant Company between six months and one month before the term of the instant lease expires.