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(영문) 전주지방법원 2017.06.14 2016가단22242
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the building indicated in the attached Table.

2. The defendant (Counterclaim plaintiff).

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. On May 30, 2011, the Plaintiff and the Defendant entered into a lease contract (hereinafter “the first contract”) with a period of two years, deposit money of 20,000,000 won, monthly rent of 90,000 won, and thereafter, the Defendant operated the party hall at the instant store.

B. Meanwhile, on December 21, 201, the Plaintiff and the Defendant: (a) concluded a lease agreement with the instant store from May 30, 2011 to May 29, 2013; (b) the deposit amount of KRW 20,000,000; and (c) monthly rent of KRW 900,000 (hereinafter “second agreement”).

C. The Plaintiff and the Defendant’s period on May 22, 2013 shall be the same month.

5. From June 2, 2014 to June 2, 2014, a lease contract was concluded with a deposit of KRW 30,000,000, monthly rent of KRW 900,000, and thereafter, the lease term was extended until May 30, 2016 due to the renewal of a lease contract on two occasions under the same conditions.

The plaintiff knew from February 2016 that he had no intention to renew the lease contract to the defendant.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1-6 (including virtual numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Demand for principal lawsuit:

A. The gist of the parties’ assertion 1) The Plaintiff’s second contract was made by changing only the name of the lessee in the form of a formal change upon the Defendant’s request, and the actual lessee is merely the Defendant who has consistently renewed the first contract. Therefore, as long as the term of lease expires, the Defendant is obligated to deliver the instant store to the Plaintiff. 2) The Defendant’s second contract is a new lease agreement that is separate from the first contract.

In addition to the second contract on May 2, 2013, the Defendant entered into a new lease contract with the Plaintiff and renewed the lease contract on two occasions on two occasions, and the period of lease extended by the Defendant’s request for renewal before the expiration of the period, thereby complying with the Plaintiff’s request on May 30, 2017.

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