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(영문) 대구지방법원 2018.11.08 2018나301525

건물명도(인도)

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1. The Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant (Counterclaim Plaintiff) that changed to an exchange in this court.

Reasons

1. Facts of recognition;

A. On November 201, the Defendant leased KRW 15 million to F, who was the former owner of the instant real estate indicated in Attached Form 1 (hereinafter “instant real estate”), and paid KRW 6 million to F, on November 23, 201, a rental deposit amount of KRW 15 million and monthly rent of KRW 6 million.

From around that time, the Defendant’s mother I operated the restaurant with the trade name “E” in the instant restaurant.

B. On November 29, 2012, the Plaintiffs completed the registration of ownership transfer with respect to each of the instant shares out of the instant real estate. On November 29, 2012, Plaintiff A entered into a lease agreement with the Defendant on behalf of the Plaintiffs, setting the instant restaurant up on November 29, 2012 as KRW 15 million, monthly rent of KRW 600,000,000, and rental period of November 7, 2014.

C. On November 24, 2016, Plaintiff A entered into a contract with the Defendant on behalf of the Plaintiffs that the monthly rent of the instant B-B-lease is KRW 700,000,000, and that the lease period is extended by November 24, 2018.

(hereinafter referred to as the “instant lease contract”) d. of this case in total.

On December 2016, the Defendant proposed to contact the Plaintiff B to terminate the instant lease agreement after considering the burden of increased rent and the aggravation of food-service games, etc. immediately after the said extension contract, and that the instant lease agreement was terminated around the time when the Plaintiffs consented thereto.

Accordingly, the Defendant returned the key to the entrance of the instant restaurant to the Plaintiffs on January 4, 2017. On January 5, 2017, the Plaintiffs returned 13.8 million won, which is the full amount of the remainder of the deposit, deducting the monthly rent in arrears from the Defendant on January 5, 2017.

E. The Defendant did not collect the attached Forms 2, 3, and 4 used by himself even after receiving the above lease deposit.