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(영문) 창원지방법원진주지원 2016.11.10 2016가단31233

건물명도

Text

1. The Defendant (Counterclaim Plaintiff)-Counterclaim et al. is the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) on 20.

Reasons

On December 27, 2007, the Plaintiff leased the first floor store (hereinafter referred to as the “instant store”) from January 31, 2008 to January 30, 2010, the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,200,000, to the Defendant Company (a trade name before the change is made).

On March 4, 2008, the Plaintiff completed the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) by the Changwon District Court No. 11918 (hereinafter “registration of establishment of chonsegwon”) with regard to the instant store on the deposit basis for lease on a deposit basis.

At the instant store, Defendant B served as the point of “CU convenience store D” operated by the Defendant Company.

The Plaintiff and the Defendant Company continued to extend the above lease as indicated below (hereinafter referred to as “the instant lease”). On October 15, 2015, the Plaintiff refused to renew the lease of this case to the Defendant Company three times on December 30, 2015, and on January 12, 2016, sent a letter to the Defendant Company by content-certified mail seeking restoration, delivery, etc. of the instant store, and each of the above letters reached the Defendant Company around each of the above dates.

The Defendant Company paid KRW 9,600,000 (=1,600,000 x 6 months) to the Plaintiff at the end of each month during six months from February 2016 to July 2016.

As of the closing date of pleadings, the defendant company occupies the above store in the condition that it closes down the convenience store operated at the above store, and the above store remains the facilities necessary for the operation of the convenience store of the defendant company.

[Ground of recognition] The lease of this case expired on January 31, 2016 due to the Plaintiff’s rejection of the Plaintiff’s assertion of the purport of the entire pleadings, Gap’s evidence Nos. 1 through 3 (including a serial number; hereinafter the same shall apply), Eul’s evidence No. 1, and the purport of the entire pleadings. The money equivalent to the rent of February 2016 from the Defendant Company.