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(영문) 대전지방법원 2017.11.21 2017가단207243
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

A. Of the indication of attached real estate, the attached Form C and the attached Form 5.59 square meters at a general restaurant of the Seo-gu and the first floor above ground.

Reasons

1. Facts of recognition;

A. On May 27, 2016, the Plaintiff and the Defendant issued an order under Article 1-A of the Plaintiff’s ownership.

The real estate stated in paragraph (1) (hereinafter “instant store”) entered into a lease agreement (hereinafter “instant lease agreement”) with a rental deposit of KRW 5 million, KRW 2.5 million per month, and the lease period of KRW 2.5 million from May 27, 2016 to May 26, 2017, and delivered the instant store to the Defendant on the date of the contract.

B. Upon the Defendant’s request, the Plaintiff was paid monthly rent from September 1, 2016, upon the Defendant’s request that the internal artificial artificial park construction is needed to operate the instant store as “D”’s clurbing point.

C. On July 27, 2016, the Defendant paid KRW 5 million to the Plaintiff the instant lease deposit, but demanded urgent payment, and accordingly, requested a refund of KRW 1 million out of the lease deposit, and received a refund from the Plaintiff on August 17, 2016.

In November 2016, 2016, 2016.12., and 2.2., the Defendant did not pay the difference and did not pay the difference for three or more times.

E. From May 27, 2016 to August 31, 2016, the Defendant: (a) performed the interior interior interior decoration of the instant store; (b) concluded that the Plaintiff would pay construction cost to the Plaintiff, including the construction cost related to the instant store, while the Plaintiff was partially responsible for the construction of the instant store to the construction company that constructed another building owned by the Plaintiff; and (c) agreed that the Plaintiff would pay the Plaintiff construction cost related to the instant store.

F. The Plaintiff expressed his/her intent to terminate the instant lease contract by serving the instant complaint on the grounds of the delinquency in rent for at least three years, and the Defendant terminated the business on November 2, 2017 and completed the report of business closure, but did not deliver the instant store until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition on the part of the claim, such as the delivery of a building.

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