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(영문) 서울서부지방법원 2015.11.25 2014가단50046

점포인도

Text

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

(a) A 17.4m2 of the Mapo-gu Seoul E-ground brick store.

Reasons

1. Basic facts

A. On June 24, 2008, the Defendant entered into a lease agreement with the Plaintiff’s father B on the following terms: (a) the Plaintiff leased 17.4m2 of the Seoul Mapo-gu ground brickd store (hereinafter “instant store”) which is an unauthorized building; (b) the said store was used as a restaurant.

Lease deposit: 80,000 won (payment on June 30, 2000): The lease shall be delivered to the lessee by June 30, 2008, and the lease period shall be from the delivery date to the redevelopment date.

The special agreement is stipulated by June 30, 2010: The defendant entered into a lease agreement with B on July 27, 2012 that only the lease deposit and monthly rent are modified, and the details thereof are as follows:

Deposit for lease: 70,000 won (payment on the 30th of each month) special agreement:

1. That this Agreement has increased the deposit to KRW 10 million in the terms of the contract dated June 24, 2008 and adjusted the rent to KRW 700,000 per month.

2. The same terms and conditions as those of the previous contract, other than those above;

B. On June 2, 2014, B sent to the Defendant a content-certified mail demanding the delivery of the instant store by July 24, 2014, and at that time, the content-certified mail sent to the Defendant.

C. B donated the instant store to the Plaintiff.

The defendant does not pay the monthly rent from October 1, 2015.

[Reasons for Recognition] Unsatisfy, Gap 1 to 5 evidence, the purport of the whole pleadings

2. Determination on the main claim

A. As to the termination of the lease agreement, the Plaintiff asserts that the instant lease agreement was terminated by the expiration of the period or the notice of termination.

On the other hand, the defendant set the term of the lease contract of June 24, 2008 as "not later than redevelopment," and "not later than redevelopment in the characteristics of the present domicile until redevelopment in the redevelopment district."