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(영문) 제주지방법원 2018.02.27 2017가단56218

건물명도(인도)

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Attached Form 2 among the first floor of the building listed in Annex 1 List 2.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. From around December 10, 208, the Defendant, among the first floor of the building listed in attached Table 1 List 2, operated restaurant business with the trade name of “C” in the part inside the ship, which connects each point of Section 1, 5, 4, 3, 2 and 84.8 square meters in sequence of Section 1 (hereinafter “instant store”).

B. On March 29, 2013, the Plaintiff completed each registration for the transfer of ownership on the land listed in [Attachment 1] Paragraph (1), and on April 5, 2013, on the building listed in Annex 1 Paragraph (2).

C. On June 28, 2013, the Plaintiff entered into a lease agreement with the Defendant for the instant store with a term of KRW 10 million per annum, KRW 12 million per annum, and the term of lease from June 28, 2013 to June 29, 2014. As to the instant store, the Plaintiff entered into a lease agreement with the term of KRW 10 million per annum, KRW 110 million per annum, and KRW 11 million per annum, and the term of lease from May 28, 2014 to May 29, 2015, with a term of each of the lease agreements from May 2015 to May 29, 2015. < Amended by Act No. 13578, May 26, 2015>

On May 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 10 million per annum, KRW 12.6 million per annum, and the lease term from May 28, 2016 to May 29, 2017.

E. On March 22, 2017 and May 15, 2017, the Plaintiff sent to the Defendant each content certification that the instant lease agreement was terminated on May 29, 2017 (the date of expiry is indicated on May 28, 2017, but the expiration date is indicated on May 29, 2017, in light of the fact that the instant lease agreement was written on May 29, 2017, the Plaintiff appears to have been written on May 28, 2017) and that there was no intent to renew the instant lease, and each content certification was sent to the Defendant at each time of the said delivery.