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(영문) 부산지방법원 동부지원 2018.10.16 2017가단13351
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex 1 list;

B. From September 20, 2018, the above real estate.

Reasons

1. Basic facts

A. (1) On June 20, 2016, the Plaintiff leased to C real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) on the condition that the lease deposit is KRW 20 million, monthly rent of KRW 1 million, and June 20, 2018. The key contents of the lease contract are as follows.

(hereinafter “instant lease agreement”). Article 5 of the lessee may be reconstructed or altered with the approval of the lessor, but the lessee shall be restored to its original state at the expense of the lessee prior to the date of conversion of real estate.

(b) a special agreement;

1. All underground flood control shall be responsible for the lessee;

(2) The latter part of C asked the Plaintiff to “a change the lessee’s name to the Defendant (the Defendant)” while running the dan in the said place with D, and the dispute arose with D around December 2016.

Accordingly, on December 9, 2016, the Plaintiff confirmed the intent of the parties, and then re-established a lease agreement with the Defendant with the same content as the previous contract.

B. (1) On August 1, 2016, C paid only one million won to the Plaintiff on November 30, 2016, as the rent under the said lease agreement, and paid only one million won to the Plaintiff on August 30, 2016, and on March 1, 2017, respectively.

(2) Accordingly, around November 13, 2017, the Plaintiff terminated the instant lease agreement to the Defendant as of November 20, 2017 on the ground that the said rent was delayed.

“The notification was made.”

(3) The defendant continues to conduct the main business within the above real estate until now.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 through 5, 8, 9 (including additional numbers), all the arguments]

2. The assertion and judgment

A. (1) Determination as to the cause of the claim is that the lessee’s duty to restore due to the termination of the lease is not only to transfer the possession of the real estate used by the lessee to the lessor, but also to use it again in line with the purpose of the real

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