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(영문) 서울고등법원 2020.06.11 2019나2027176

건물명도(인도)

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1. The appeal on the principal claim and counterclaim by the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff) expanded by this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 1, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants on the lease deposit amounting to KRW 75,00,000,000, monthly rent (excluding value-added tax), and KRW 2,00,000,00 from November 1, 2013 to October 30, 2018, with respect to the real estate listed in the attached list No. 2 (hereinafter “instant store”) and the D ground parking lot in Seoul Jung-gu (hereinafter “instant parking lot”).

B. At the time of the conclusion of the instant lease agreement, the Defendants: (a) prepared a written confirmation to the Plaintiff that “the lessee does not claim KRW 75,000,000 to the lessor at the time of the receipt of the deposit due to the occurrence of the cause for the termination of the lease; and (b) confirmed that only the lessor has the authority to claim KRW 25,00,000 upon the receipt of

C. The Defendants operated the instant store with the trade name “E”, and the part of the instant parking lot I and J ground (hereinafter “instant outdoor space”) among the real estate listed in the attached Table No. 1 other than the instant real estate was occupied and used for the main purpose of operating the store.

On July 2018, before the expiration of the instant lease agreement, the Plaintiff notified the Defendants of the refusal to renew the instant lease agreement.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination on the main claim

A. On July 2018, the Plaintiff’s summary of the Plaintiff’s assertion on the cause of the claim was notified the Defendants of the refusal to renew the instant lease agreement. Since November 201, 2018, the Plaintiff was on the ground of the Defendants’ violation of the instant lease agreement, including illegal business in the unpaid and parking lot site for more than two years.