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(영문) 제주지방법원 2020.12.16 2020나11865
건물명도(인도)
Text

Of the monetary payment in the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below.

Reasons

1. Basic facts

A. The Plaintiff is a fishing village fraternity organized by members of the CF who engage in fisheries in the Jeju E-ri Council in accordance with Article 15(1) of the Fisheries Cooperatives Act, and the number of the Plaintiff’s members present is 73.

B. On April 10, 2009, the Plaintiff leased a building listed in the separate sheet owned by the Defendant (hereinafter “instant building”) to the Defendant as KRW 10 million, the lease deposit amount, from April 10, 2009 to April 9, 2010, the lease period of KRW 5 million per annum.

C. On April 11, 2015, without preparing a separate lease contract, the Plaintiff and the Defendant renewed the said lease contract. On April 11, 2015, the deposit is the same as the transfer, the rent is KRW 8 million per annum (excluding value-added tax), and the lease period is set on April 11, 2016 and newly drafted the lease contract. On April 10, 2016, the deposit and the rent are the same as the transfer, and the lease period is set up on April 9, 2017 (hereinafter “instant lease contract”).

On August 1, 2017, the Plaintiff sent to the Defendant a content-certified mail stating that the instant lease agreement was terminated on April 9, 2018 and that it would refuse to renew the contract.

E. On February 3, 2018, the Plaintiff: (a) resigned from the position of a senior director; (b) on February 4, 2018, the Plaintiff held an emergency board of representatives (hereinafter “the instant emergency board of representatives”); and (c) decided to appoint G as a temporary senior director.

The minutes prepared at the time were prepared by 11 of the total number of 12 representatives present, and all the members present have passed the above agenda without objection.

Accordingly, on February 6, 2018, the president of the H Association appointed G as the temporary president of the Plaintiff.

F. G as the representative of the Plaintiff, G is the Defendant on February 23, 2018.

On March 5, 2018, the election of the head of the fishing village fraternity was elected as a leader.

G. The Plaintiff’s instant case on June 28, 2018.

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