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(영문) 대구지방법원경주지원 2012.12.07 2012가단1880

건물명도 등

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 16, 1998, the Plaintiff completed the registration of ownership transfer with respect to land C and its ground buildings at racing-si.

B. On June 17, 1999, the Plaintiff leased the above real estate to the Defendant since it entered into a lease agreement with the Defendant on the land and the building on its ground, and the Defendant, around July 15, 1999, operated the automobile maintenance plant in the above real estate since the delivery of the above real estate by the Plaintiff.

C. On July 20, 2004, the Plaintiff entered into a lease agreement with the Defendant on the land and the building on the ground thereof, and on July 20, 2004, the deposit amount is KRW 35 million per month, KRW 6 million per month for rent, KRW 20 million per month for rent payment, and the lease period shall be set as from July 20, 2004 for seven years from July 2004. At the time of the installation of string and crowdfunding, the deposit amount is KRW 30 million per month, and KRW 30,000 per month for rent and KRW 30,000 per month, and thereafter the Defendant paid KRW 30,000 per month for rent and 630,000 per month.

The Defendant, around June 201, agreed that the remodeling work shall be performed at the Plaintiff’s expense, and the Defendant shall pay to the Plaintiff the increased deposit and monthly rent, and thereafter the Plaintiff shall perform the remodeling work. The Plaintiff shall undertake the remodeling work on the following grounds: (a) an automobile maintenance work operated by the Defendant in the 3,864 square meters of the factory site C at racing-si (hereinafter “instant land”).

E. Accordingly, the Plaintiff entered into a lease agreement on the instant land and buildings thereon (hereinafter “instant lease agreement”) with the Defendant around June 8, 201, and determined the deposit amount of KRW 65 million per month, KRW 9 million per month, the rent payment date, and KRW 20,000 per month from July 15, 201, and the lease period of KRW 10,000 per month from July 15, 201. On the other hand, the Plaintiff would increase the rent of KRW 10,000 per month from January 8, 201, while indicating real estate, which is the object of the lease of the instant lease agreement.