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(영문) 대구지방법원 2017.01.17 2016가단6726

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 March 22, 2010, the Plaintiff leased the instant bath-related facilities (hereinafter “instant bath-related facilities”) with deposit deposit of KRW 80 million, monthly rent of KRW 320,000,000, monthly rent of KRW 3200,000, and the lease period of KRW 2 years from March 30, 2010 to the Defendant.

B. After the expiration of the term of the instant bathing agreement, the Plaintiff renewed the said lease agreement under the same conditions as that of the said lease, but filed the instant lawsuit on March 3, 2016 on the grounds of the Defendant’s delinquency in rent, etc.

C. On May 3, 2016, the Plaintiff and the Defendant drafted the following agreements (hereinafter “instant agreement”).

(1) The lessee shall order the bath of this case on May 3, 2016.

(2) The lessor shall pay the 10 million won under the condition that he/she receives an order from the lessee for the second floor Drown of the C building located in the area occupied by the lessee, and the lessee shall return to the lessor all keys related to the store and the original copy of the lease contract.

They confirm that they are simultaneous performance relations.

(3) The lessor shall bear all public charges (electric utility charges, water charges, etc.) to be borne by the lessee by the date on which the lessee orders the above salary class.

(4) The lessee shall report the closure of business of the matters concerning the authorization and permission related to the D personal affairs and cancel business registration by reporting the closure of business at the relevant tax office.

⑤ 임차인은 점포 내ㆍ외에 임차인의 비용으로 설치한 다음의 설비들은 명도일까지 철거하되 건물의 파손이나 손괴 부분은 원상복구하고, 명도일 이후에는 임차인의 동산에 대한 소유권은 모두 포기하고 임대인이 임의로 처분하여도 민ㆍ형사상 이�를 제기하지 아니한다.

- Jinter pumps 1 sets, 1 set of electric team boiler, 1 set of soup, making soup, frying and ice ice straw and other lessee's movables 6 The lessor raised against the lessee.