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(영문) 대전지방법원 2016.08.10 2015가단227588
건물명도
Text

1. The Defendants are recorded in the attached list in the Plaintiff at the same time as Defendant B received KRW 17,00,000 from the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate listed in the separate sheet and the lessor who leased part of No. 101 (hereinafter “the leased object of this case”) out of the real estate listed in the separate sheet to Defendant B. Defendant B is the lessee of the leased object of this case and Defendant C is the lessee of the leased object of this case.

B. On August 10, 2009, the Plaintiff entered into a lease agreement between Defendant B and the lease agreement between the lease deposit amounting to KRW 7,000,000, and the lease period from December 1, 2009 to November 30, 201 (hereinafter “instant lease agreement”). The Plaintiff and Defendant B extended the instant lease agreement for two years on November 1, 201, and on October 31, 201, the contract period was extended by two years until November 30, 2015, but the lease deposit was increased by KRW 17,00,000.

C. On August 25, 2015, the Plaintiff notified Defendant B of his intent not to renew the lease agreement, even though the term of the contract is extended by one year when the Plaintiff accepts the following conditions of the Plaintiff’s request by content-certified mail.

(1) Contracting parties to a contract shall be infilite (which shall be the same lessee as the present lessee) (2) The permission for the existing sub-lease contract shall be cancelled (in the future, no sub-lease contract shall be permitted and business registration shall be registered only in the name of the lessee himself/herself); 3) The contract shall be terminated without notification at the expiration of the contract at the expiration of the contract (when the contract is terminated again after expropriation of all special agreements), and the real estate shall be restored to its original state to the lessor. (4) The deposit for one year shall be 30 million won for the extended contract and the monthly rent shall be 7

D. On August 26, 2015, Defendant B expressed his/her intent that he/she cannot accept the Plaintiff’s requirements. Accordingly, the Plaintiff restores the leased object of this case to its original state on August 31, 2015, November 27, 2015, and December 1, 2015, when the lease contract on the leased object of this case expires due to the expiration of the term of lease, and is prepared to pay the deposit immediately upon the expiration of the term of lease.

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