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(영문) 청주지방법원 2015.11.20 2015나145

건물명도, 임대료

Text

1.Paragraph 1 of the text of the judgment of the court of first instance is amended as follows:

The plaintiff (Counterclaim defendant, designated party) shall be the plaintiff.

Reasons

1. Basic facts

A. The owner E of the building indicated in the separate sheet (hereinafter “instant building”) decided to lease the first floor store of the instant building to the Defendants, and concluded a lease agreement with the following specifications (hereinafter “each of the instant lease agreements”).

The term of lease covered by the defendant contract date (won) B on March 10, 2003, and 50,000,000 C on May 10, 2005, part of the attached Form (A) of 24 months and 10 million C on May 10, 2005, and part (C) of 60 months and 20 million D on March 17, 2001, and 300,000 won for 24 months and 5 million won.

B. At the time of the conclusion of each of the above lease agreements, the Defendants paid each of the above lease deposits to E, completed business registration after receiving delivery of each of the lease premises (hereinafter “each of the lease premises of this case”) from E, and operated Smarkets and clothing stores.

C. On August 9, 2013, the Plaintiff and the Selected F (hereinafter “Plaintiff, etc.”) transferred the ownership of the instant building from E, and around October 1, 2013, the Plaintiff and the Defendants had to receive delivery for safety inspection, repair works, and interior or outside works, etc. of the instant building due to the deterioration of the instant building. Around October 1, 2013, each of the instant lease agreements was notified by the end of each of the instant lease agreements (i.e., Defendant B, May 9, 2014; Defendant C, May 9, 2014; and Defendant D, March 16, 2014), and notified the Defendants that they did not conclude a lease agreement again with the same content once again on January 24, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, and 4 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. In full view of the purport of evidence No. 2 of the judgment as to the cause of the claim, the Defendants did not conclude a new lease agreement with E from the date of conclusion of each of the instant lease agreement to the date of conclusion.