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(영문) 수원지방법원 여주지원 2018.05.31 2017가단54529

건물명도(인도)

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1. The Defendant (Counterclaim Plaintiff) received KRW 106,609,140 from the Plaintiff (Counterclaim Defendant) at the same time.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On October 18, 2007, the Defendant entered into a lease agreement with the Plaintiffs on the following terms: (a) between the Plaintiffs on October 18, 2007, with respect to the building owned by the Plaintiffs as 1/2 shares, KRW 100,000,000,000, monthly rent of KRW 500,000,000; and (b) the site of KRW 5648,00,000,000,000,000,000,000,000,00

B. The Plaintiffs filed an application to change the use of the building which is the object of the instant lease agreement into medical facilities and Class 12 neighborhood living facilities (retail stores, offices, dormitories), etc. in the first class neighborhood living facilities (retail stores, general restaurants, and detached houses), and obtained permission from the head of the Leecheon-si on November 7, 2007 for the said change of use of the building.

C. The Defendant, from the building which is the object of the instant lease agreement, installed the installation of the interior room, entrance room, and wedding room necessary for running the funeral hall business. Accordingly, the Plaintiffs obtained approval for the use of the building for the changed purpose from the Leecheon-si market on October 20, 2008 (the completion inspection).

On November 7, 2008, the Defendant commenced the business of running a funeral home service, etc. on the building subject to the instant lease agreement with the trade name of “D funeral home”, and on November 14, 2018, the Defendant reported the business registration and the business registration regarding the said business.

Until now, the Defendant has occupied each building listed in the separate sheet of the object subject to the instant lease agreement (hereinafter “instant commercial building”) and runs a funeral home business.

E. The Plaintiff and the Defendant agreed to increase the deposit and rent every two years from the date of commencement of the business by mutual consultation within 10% to 15%, and accordingly, the deposit and rent have been increased every two years from October 20, 2008.