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(영문) 광주지방법원순천지원 2015.10.02 2014가단5511

건물명도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 16, 2010, the Plaintiff entered into a lease agreement with the Defendant, one of the Plaintiff’s shareholders, by setting the lease deposit amount of KRW 3 million, monthly rent of KRW 80,000,000, and from November 16, 2011 to November 15, 2012. On the same day, the Defendant, who received KRW 3 million from the Defendant, was operating a store in some of the instant buildings before entering into the instant lease agreement. 2) On June 30, 2012, the Plaintiff concluded the lease agreement with KRW 6 million (300,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000).

3) Of the instant lease agreement, the Plaintiff’s articles of incorporation, and the regulations on the management of Pungs, the part related to the instant case refers to the Defendant “A” as referred to in Article 5(2) of the instant lease agreement. The term “B” refers to the Plaintiff. The term “B” is prohibited from changing the store or subleting the leased object to any other person without his consent. Article 6(2) of the same Act provides that “B” may terminate the contract immediately when the payment of rent has been in arrears at least twice consecutively, or when the Plaintiff violated Article 5, “B” may lose all business rights and immediately withdraw the contract at the said store without any objection. In addition, “B” may terminate the contract at any time even when it does not follow acts detrimental to others or instructions given by “A.” Article 7(2) of the same Act provides that “B” shall restore the leased object to its original state and return it to A’s articles of incorporation and forced withdrawal.