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(영문) 대전지방법원 2017.07.11 2016가단218338

건물명도

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1. The defendant connects the plaintiff with each point of the annexed drawings 1, 2, 3, 4, and 1 among the buildings listed in the annexed sheet in sequence.

Reasons

1. Basic facts

A. On March 26, 2014, the Plaintiff, who operates the “Cmate” in the building listed in the attached list, was a person operating the Cmate. On March 26, 2014, the Plaintiff concluded a lease agreement with the Defendant on the following terms: (a) part (b) of 3.3 square meters inboard connecting each point of 3.3 square meters in sequence, 1, 2, 3, 5, 6, 7, 8, and 1 of drawings, 3.3 square meters inboard; (c) part (a) of the building listed in the attached list, among the buildings listed in the attached list, which falls under Cmaco, with the Defendant, with the lease deposit of KRW 1,00,000,000,000 and KRW 1,2,33,5,6,7,8,000; and (c) the lease agreement of this case was executed for a period of 1,000,000 won through 1,214.

B. According to the above lease agreement, a special agreement provides that “if a monthly rent is overdue more than two times, the contract shall be invalidated immediately.”

C. Around December 2014, the Plaintiff extended the term of the instant lease by December 19, 2015 while renewal of the instant lease agreement with the Defendant.

The Defendant did not pay two or more vehicles, and the Plaintiff notified the Plaintiff of the refusal to renew the lease contract and the declaration of intention to terminate the contract through the content-certified mail on November 16, 2015 and December 15, 2015.

E. The Defendant continued to possess and use the instant static suspender until the date of closing the argument of the instant case, and until that time, paid a monthly rent of KRW 1 million.

[Ground of recognition] The facts without dispute, Gap's statements in Gap's 1 to 3 (including branch numbers) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. On May 2015, the Plaintiff, as to whether the instant lease agreement was terminated, expressed his/her intent to terminate the instant lease agreement and to refuse to renew the contract on the grounds of the delayed rent, etc. to the Defendant.