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(영문) 대전지방법원 2019.01.11 2018나102643

동산인도 청구의 소

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1. The defendant is against the defendant with respect to all the entry machinery, equipment, and structures (e.g., escalators and entrance doors) in the judgment of the court of first instance.

Reasons

1. Basic facts

A. The Defendant entered into a lease agreement with the Defendant 1) The part of the second floor used as an entertainment drinking house among the above buildings (hereinafter “instant store”) between the Defendant and the Plaintiff around August 11, 2010, as the owner of a general entertainment restaurant and indoor entertainment rink located in Daejeon-gu and six parcels, and the second floor used as an entertainment drinking house among the above buildings (hereinafter “instant store”).

(C) The term of the lease deposit is KRW 250 million, KRW 17.6 million per month, and the term of the lease is from August 11, 2010 to August 10, 2013 (hereinafter “instant lease agreement”).

2) The contents of the instant lease agreement concerning the use of stores, facilities, etc. are as follows.

Article 2(C)(Purpose and Item C) is to use the place of business only to a store for amusement business in the name of a party to the contract, and the category of business is to be limited to items designated by the contract with the party A(Defendant).

However, if there is a prior change, the type of business may be changed after obtaining the consent from the Party A, and after obtaining the consent from the Party A in writing.

Article 6(A) In the case of Article 6(2)(a), the facilities may be constructed at the expense of Eul if they are installed at the leased stores of Gap, and if they are terminated even if they are due to the expiration of the contract period or cause attributable to Eul, the relevant interior facilities shall belong to Gap, and in any case, the relevant interior facilities shall not be claimed even if they are part of the relevant interior facilities expenses; c) In addition, even if the facilities are automatically terminated due to the interruption of the facilities due to cause attributable to Eul, such as the failure to pay part of part of part of part of part of part of the interior facilities and payment of remainder, the construction expenses already installed shall not be claimed to Gap, and at the same time the construction materials shall belong to Gap.

Article 11 (A) If this contract is terminated, regardless of the cause, it shall be restored to the place of business as soon as possible and returned to A according to the direction of A. (b).