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(영문) 부산지방법원 2017.06.22 2016가단25924

건물명도 등

Text

1. The defendant shall pay 360,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the second floor building listed in the attached list.

On March 30, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the part (i) of 16.53 square meters in the ship (hereinafter “instant store”) connected each point of the attached drawings Nos. 1, 2, 6, 5, and 1 among the above buildings in sequence.

(Lease Relations exists from the past, but last, a lease agreement is prepared with the following contents. The contents of the above lease agreement are as follows:

The contents of the instant lease agreement (explosive) - Lease deposit: KRW 7,00,000 - Monthly rent: KRW 300,000 (payment on March 25): Term of lease: From March 30, 2014 to February 28, 2016; however, it is reasonable to deem that the term of lease was until March 30, 2016, comprehensively taking into account the practices of the lease agreement or the contents of Articles 3 and 4 of the said lease agreement.

Article 6 Section B (Defendant, hereinafter the same shall apply) shall use the building for a store, and shall not use it for other purposes.

B. B shall not change the structure, sublease, transfer the right of lease or offer the security, and the contract shall be terminated and compensated if the contract has been violated.

Article 8 (Plaintiffs) If Article 8 B has failed to pay rent more than twice continuously, or if Article 6 has been violated, the contract may be terminated immediately.

B. The Defendant operated a secondhand shop at the instant store, and was in arrears as of June 25, 2014.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

A. (1) According to the determination on the claim for extradition of the instant store (1) the grounds for the termination of the instant lease agreement and the purport of the entire pleadings, the instant lease agreement was implicitly renewed on March 30, 2016, the expiration date, and the Plaintiff’s expression of intent to terminate the contract on the ground of the delinquency in rent.