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(영문) 전주지방법원 2020.11.25 2019나10531
건물명도(인도)
Text

1. The judgment of the first instance court, including the Plaintiff’s claim added at the trial court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On February 9, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease term of KRW 500,00,000 as deposit for lease, monthly rent of KRW 16,50,000 (including value-added tax; KRW 18,000 for each month); and from March 16, 2018 to March 15, 2020, the Plaintiff stipulated the following special agreement.

The monthly rent of one month, which is a service period, shall be exempted.

A lessor shall ensure that the lessee gains 10,000,000 won, excluding the total monthly expenditure costs.

(4) Employees. The remaining earnings shall be divided into 1/2, and the method of verifying earnings shall be separately consulted.

(hereinafter referred to as “the instant revenue guarantee agreement”). The collateral security for the security deposit shall be established.

B. On April 24, 2018, the Plaintiff, based on the foregoing special agreement, completed the registration of creation of a neighboring mortgage on each of the real estate listed in the separate sheet No. 17110, including the instant building, in order to secure the Defendant’s security of KRW 500,000,000, based on which the former District Court was accepted.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”) C.

From March 16, 2018 to November 15, 2018, the Defendant paid KRW 79,181,850 as the rent for seven months (exemption from March 2018) from April 16, 2018 to November 15, 2018, while running a lodging business with the trade name of “CMour” in the instant building.

On December 17, 2018, when filing the instant lawsuit, the Plaintiff notified the Defendant to pay the unpaid rent for the said period, and entered in the written complaint the intent to terminate the instant lease agreement in a case where the Plaintiff did not pay the rent within a reasonable period. The duplicate of the written complaint was served on the Defendant on December 31, 2018.

E. Even after the delivery of a duplicate of the complaint, the Defendant continued to run the business in the instant building until October 29, 2019, and suspended the business from October 30, 2019, and continued to run the business inside the instant building.

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