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(영문) 서울중앙지방법원 2015.01.08 2013가단300077

점포명도

Text

1. The Defendant (Counterclaim Plaintiff) paid 12,283,828 won to the Plaintiff (Counterclaim Defendant) and 12,282,146 won out of the said amount. < Amended by Presidential Decree No. 26359, Jan. 9, 2015>

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 8, 2004, the Defendant entered into a lease agreement with the Plaintiff on the real estate listed in the separate sheet (hereinafter “instant store”), which is the Plaintiff’s owner, with the terms of KRW 30,000,000, monthly rent of KRW 1,650,000 (Provided, That the first year shall be reduced to KRW 1,640,00 per month, monthly payment of KRW 30,00 per month, and the value-added tax shall be separately paid), and the term of lease from January 8, 2004 to January 8, 205, the above lease agreement was implicitly renewed every one year, and the Defendant thereafter thereafter operated “C” at the instant store.

B. After that, the Defendant entered into a lease agreement with the Plaintiff on March 30, 2007 under the name of the mother, with respect to the instant store, with a rental deposit of KRW 30,000,000, monthly rent of KRW 1,650,00 (in the case of subsequent payment on March 30, 200, separate payment of value-added tax) and from March 30, 207 to March 31, 2008, and the said lease agreement was explicitly renewed every year thereafter.

C. On March 31, 201, the Defendant entered into a lease agreement with the Plaintiff, which stipulates that the instant store shall be KRW 30,000,000, monthly rent of KRW 1,650,000 (payment after March 30, 201, value-added tax shall be separately paid), and the term of lease from March 31, 201 to March 31, 2012 (hereinafter “instant lease agreement”), and thereafter, the instant lease agreement was explicitly renewed for one year.

Around March 2013, the Defendant notified the Plaintiff, through E, who is the Plaintiff’s spouse, that the Plaintiff does not want to renew the instant lease agreement. On or around July 31, 2013, the Defendant moved at the instant store. At the time, the key to the instant store was not returned to the Plaintiff.

E. Around that time, around August 3, 2013, E, the spouse of the Plaintiff, sent to the Defendant a text message stating that “I will talk with the Defendant. I need to write down.”