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(영문) 대전지방법원홍성지원 2020.02.19 2019가단1503

건물명도 등

Text

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

(a) Attached photographs in the real estate listed in the separate sheet;

Reasons

1. Facts of recognition;

A. On November 13, 2009, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “instant real estate”) to E, and E operated a screen driving range in the instant real estate, and transferred the business to the Defendant.

The defendant paid 170,000,000 won for premium and facility expenses and 20,000 won for deposit to E.

B. On May 4, 2010, the Plaintiff leased the instant real estate to the Defendant with a deposit of KRW 20,000,000, monthly rent of KRW 400,000 ( KRW 500,000 from the second year), and the period from May 4, 2010 to May 3, 2014.

(hereinafter “instant lease agreement”). C.

The Defendant, while operating a screen driving range in the instant real estate, did not properly operate the instant real estate, provided that the Plaintiff leased the instant real estate to another person around 2013.

In September 2013, the plaintiff's new lessee was found to be trying to engage in another type of business on his/her own, but the contract was not concluded.

On December 2013, the defendant moved to another place. D.

As the Plaintiff’s leasing of the instant real estate to another person was no longer reasonable, the Plaintiff requested the Defendant to purchase the instant real estate in KRW 80,000,000 or to remove the instant facilities to restore it to its original state on or around 2016, but the Defendant did not respond thereto.

Meanwhile, although the Defendant requested the real estate brokerage office, etc. to seek a new lessee, the Defendant did not conclude a contract with the new lessee until 2019.

E. After the Defendant moved to another place, the Plaintiff’s side entered the instant real estate in the process of arranging new lessees.

(B) From the time when the Defendant moved to another place, the Defendant did not operate a screen driving range in the instant real estate until now.

At present, the instant real estate is related to screen golf practice.