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(영문) 부산지방법원동부지원 2017.07.06 2015가단217715
건물명도
Text

1. The Defendant shall deliver to the Plaintiff the second floor of 355.76 square meters among the buildings listed in the attached list.

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

Reasons

1. Basic facts

A. From April 2, 2013 to January 2, 2015, the Plaintiff operated a duc-only restaurant (hereinafter “instant restaurant”) with the name of “C”, such as the name of the Plaintiff’s husband’s vessel owned from the second floor of the building indicated in the separate sheet owned by the Plaintiff (hereinafter “instant building”).

B. The Defendant worked in the instant restaurant as the chief of office, and managed the overall operation of the restaurant, and operated the instant restaurant in its own name from February 2015.

C. On March 1, 2015, the Plaintiff and the Defendant drafted a lease contract (Evidence A8; hereinafter “instant lease contract”) with the second floor of the instant building KRW 20 million, monthly rent of KRW 300,000,000, from March 1, 2015 to February 29, 2016, and the Defendant paid to the Plaintiff KRW 45,000,000,000 as the lease deposit amount and KRW 25 million.

On March 4, 2015, the Plaintiff reported the closure of business, and the Defendant registered the business on the same day.

E. In addition to the instant building, the Defendant used the freezing warehouse located in Busan-gun D, Busan-gun, which the Plaintiff owned, and paid 300,000 won monthly rent to the Plaintiff.

F. From February 2015, the Defendant paid to the Plaintiff 5% of the sales amount of the instant restaurant from February 2015, but did not pay the monthly rent stated in the instant lease agreement.

G. On September 7, 2015, the Defendant sent a content-certified mail demanding the renewal of the instant second floor lease agreement to the Plaintiff.

On September 15, 2015, the Plaintiff notified the Defendant that he/she would operate the instant restaurant during the period of his/her health recovery, and that he/she would refuse to renew the contract inasmuch as trust relationship was damaged. On October 8, 2015, the Plaintiff notified the Defendant that he/she would terminate the use of freezing storage and return the instant restaurant to its original state.

[Ground of Recognition] Facts without dispute, entry of Gap 1 to 10, 14 evidence (including paper numbers), and pleadings.

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