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(영문) 대전지방법원천안지원 2014.12.11 2014가단7243
건물명도 등
Text

1. The Defendant:

A. Of the buildings indicated in the attached list, the second floor general restaurants of 305.50 square meters are handed over, and the buildings are 29,900 square meters.

Reasons

1. Facts of recognition;

A. On September 23, 201, the Plaintiff entered into a lease agreement with the Plaintiff on a deposit of KRW 10 million, KRW 1.5 million, KRW 1.5 million, and KRW 1.5 million from September 23, 2011 to September 22, 2013 with respect to the restaurant of the second floor among the instant buildings. (2) On September 26, 2011, the Plaintiff received the remainder of the deposit from the Defendant and delivered the said second floor restaurant to the Defendant on the same day.

3) On November 8, 201, 201, December 4, 2011, June 8, 2012, and July 11, 2012, the Defendant paid only the rent of KRW 6,60,000,000,000 in total, and KRW 6,000,000 on August 10, 201. (b) On July 20, 2012, the Plaintiff entered into a lease agreement with the Defendant and the restaurant above KRW 305,50,00,000,000,000,000,000 from July 20, 2012 to July 21, 2014.

2) The Plaintiff received KRW 20 million from the Defendant, and delivered the restaurant of the said first floor. 3) The Defendant paid only the rent of KRW 18,650,00 in total from May 25, 2012 to March 31, 2014, and did not delay that the Plaintiff was a vehicle twice or more until now.

4) At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant entered into a special agreement as follows. The amount of KRW 10 million shall be paid in advance on three (3) interest per month. The three (3) singing rooms shall be used for KRW 400,000,00, and one (1) year to two (2) years shall be paid in advance. At the same time as the first (1) floor usage, three (3) floors shall be used. (c) On May 1, 2014, the Plaintiff notified the Defendant of the termination of each of the instant lease agreements on the delivery of a duplicate of the instant complaint. [In the absence of dispute over the grounds for recognition, each of the entries in subparagraphs A and 2, and the purport of the entire pleadings.]

2. Determination

A. According to the above facts as to the delivery of a building, since each of the instant lease agreements was lawfully terminated on May 1, 2014, the Defendant is obligated to deliver each of the above restaurants to the Plaintiff.

B. As to the obligation to pay overdue rents, etc.

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