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(영문) 대구지방법원 2014.03.26 2013나1738
건물명도 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

2. The defendant.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 2 (including each number in case of a tentative number):

The Plaintiff is the owner of the land C (hereinafter referred to as “instant land”) and the building on the ground in the racing-si.

B. On June 17, 1999, the Plaintiff and the Defendant concluded a lease agreement on the instant land and the building on its ground, and the Defendant was handed over the said real estate from the Plaintiff on July 15, 199 and operated an automobile maintenance plant.

C. On July 20, 2004, the Plaintiff and the Defendant again concluded a lease contract on the instant land and its ground buildings, and agreed to increase the deposit amount of KRW 35 million, the monthly rent of KRW 6 million, the monthly rent of KRW 20,000, the lease period of July 20, 2004, and the lease period of KRW 7 years from July 20, 2004. At the time of the installation of a studio and studio, the Defendant paid KRW 30,000,000,000 per month to the Plaintiff and paid KRW 6,30,000,000 per month thereafter.

Since the automobile maintenance plant operated by the defendant was designated as D Motor Vehicle Service Center in around 2009, it is necessary to remodel the factory, the plaintiff and the defendant shall carry out the remodeling work at the plaintiff's expense on June 201, and the defendant agreed to pay to the plaintiff the deposit and monthly rent, and the plaintiff followed the remodeling work.

E. Accordingly, the Plaintiff and the Defendant, around June 8, 201, concluded a lease agreement again on the instant land and buildings on the ground thereof (hereinafter “instant lease agreement”), and agreed that KRW 65 million per month, KRW 9 million per month from the first year, KRW 10 million per month from the first year, and the rent payment date from July 15, 201, and KRW 20 per month from the lease term from July 15, 201. The instant lease agreement bears the indication of real estate, which is the object of lease.

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