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(영문) 수원지방법원평택지원 2019.04.09 2018가단7141
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Each real estate listed in the separate sheet (173.73 square meters and one story (173.73 square meters and bath rooms).

Reasons

1. Facts of recognition;

A. On March 27, 2014, the Plaintiff and the Defendant’s agent C entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant building”) with a deposit of KRW 10,000,000, monthly rent of KRW 1,200,000 (the first deposit of KRW 20,000,000, monthly rent of KRW 10,000,000 in consideration of the construction period) from April 20, 2014, with a deposit of KRW 1,00,000,000 in monthly rent of KRW 1,00,000, and the said agreement was amended as above) from March 27, 2014 to three years as follows, and from July 7, 2014, the Plaintiff and the Defendant occupied the instant building in the name of the Defendant’s bath business.

1. The machinery, equipment and all facilities shall belong to the lessor upon the expiration of the lease term;

2. It shall be deemed subject to termination of a contract when rents are unpaid for two months.

3. A director or a director at the time of occurrence of a cause for redevelopment before and after the lease period shall comply with the lessor without conditions;

(Expenses of Premium, Directors, and Separate Expenses shall not be claimed). 4. Construction completion shall be completed after permission is granted to the owner (leased) at the time of remodeling a facility and shall be restored to its original state.

B. On August 31, 2017, April 4, 2018, and October 5, 2018, the Plaintiff sent to the Defendant a certificate indicating that the termination of the instant lease was notified due to the unpaid rent, etc. The above content certification was served on the Defendant around that time.

On April 20, 2018, the Plaintiff filed a lawsuit against the Defendant’s agent C as stated in this case’s claim, which became final and conclusive on July 19, 2018.

The Plaintiff started compulsory execution on October 4, 2018 based on the above judgment, but it became impossible for the Plaintiff to execute it due to the reason that the Plaintiff was not C but C.

C. The Defendant’s assertion of the original Defendant and the amount recognized by this court regarding the amount of money paid from April 20, 2014 to April 19, 2018 as the rent under the instant lease agreement are as follows.

Plaintiff 20,000 won per year.

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