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(영문) 의정부지방법원 2015.09.01 2014가단118895
건물명도
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land listed in paragraph (1) of the attached Table (hereinafter, the instant land) and the building listed in Paragraph (2) of the same Table on the ground (hereinafter, the instant building).

B. In around 2005, the Plaintiff filed a lawsuit against the Defendant, who possessed the instant building at the time of this court No. 2005da8897, claiming the name of the instant building. Of the above lawsuit, the part requesting the name of the instant building was not accepted, and the Plaintiff appealed.

On June 26, 2006, the appellate court had been proceeding on June 26, 2006, and the plaintiff and the defendant have reached a judicial compromise, and the parts concerning the building and the land in the reconciliation clause are as follows:

Reconciliation Provisions

1. It is deemed that the following lease contract has been concluded between the Plaintiff and the Defendant:

A. The subject real estate seems to be a clerical error in the “D”, which is the lot number of the instant land in Namyang-si, Gyeonggi-do.

A building occupied by a defendant for restaurant business (including the part of the land necessary for restaurant business among the above land)

B. The Plaintiff shall, as soon as possible, establish a septic tank suitable for the Defendant to run restaurant business in the above building and obtain relevant permission.

Expenses incurred in installing a septic tank and permission shall be borne by the plaintiff.

(c) Deposits: 25,00,000 won, monthly rent: 1,800,000 won (value-added tax shall be borne by the defendant);

(d) Period: Five years from the day when the defendant commenced the restaurant business.

E. Payment of deposits and monthly rents: The security deposit shall be paid to the Plaintiff in lump sum payment on the date the Defendant commenced the restaurant business, and the monthly rent shall also be paid from that date.

Above 100

C. Around June 25, 2014, the Plaintiff installed a septic tank and other facilities pursuant to the above reconciliation clause, and had the use of the first floor of the instant building changed from the warehouse to the first class neighborhood living facilities (retail stores). Accordingly, around that time, the Defendant was able to conduct restaurant business on the first floor of the instant building.

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