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(영문) 청주지방법원 2015.03.12 2014가단157159

건물명도

Text

1. The defendant

가. 별지 도면(인도할 건물의 부분) 표시 ㉠, ㉡, ㉢, ㉣, ㉠을 순차로...

Reasons

1. Basic facts

A. Around March 28, 2011, C entered into a contract for the lease of eight and eight lots, buildings, etc. outside the Seoul Special Metropolitan City E, Seo-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, with the term of lease fixed by one year.

B. After that, around June 29, 201, C entered into a contract with the Defendant under which the term of lease was fixed between July 1, 2011 and June 30, 2012, the term of lease was set at KRW 30 million, the lease deposit was set at KRW 30 million, and the rent was set at KRW 30 million per month, and the rent was set at KRW 3 million per month (hereinafter referred to as “lease agreement”).

C. C operated “I” in some of the land and buildings leased by the Dispute Resolution Co., Ltd., and the Defendant used the leased object of the instant lease from C to operate “J gas station.”

On December 16, 2013, six months prior to the expiration of the lease term of the instant lease contract, C sent to the Defendant a certification that the instant lease contract would be terminated.

E. On the other hand, around April 1, 2014, the Plaintiff entered into a contract for the lease of I and Jju-gu E and eight lots of land and buildings, etc., which are the ground facilities, with the term of lease of one year, from D and Jju-gu, Chungcheongnam-gu, and acquired the I’s business operated by C comprehensively.

F. After that, around June 30, 2014, the Plaintiff again notified the Defendant that the indication of the termination of the instant lease agreement was valid on December 16, 2013, and the Plaintiff received the Plaintiff’s comprehensive transfer of the I’s business, including the right to lease, from C.

G. Meanwhile, the Plaintiff’s lease period from July 1, 2014 to June 30, 2017, the lease period for the instant leased object leased to the Defendant between K and the Defendant around June 17, 2014, the lease deposit amount of KRW 30,000,000, and monthly rent.