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(영문) 창원지방법원 2016.01.15 2015가단7896
건물명도 등
Text

1. The defendant

(a) deliver the real estate listed in the separate sheet;

(b) As from January 1, 2016, KRW 1,500,00 and above.

Reasons

1. Facts of recognition;

A. The Plaintiff, in the real estate listed in the attached list (hereinafter “instant building”) owned by the Plaintiff, operated a fishing gear hall called “Ccafeteria” (hereinafter “instant restaurant”). On May 22, 2014, the Plaintiff entered into a lease agreement with the Defendant, which provides that the instant building shall be leased KRW 50 million, monthly rent of KRW 500,000 (prepaid payment on June 1, 201), and the term of lease shall be from June 1, 2014 to May 30, 2017 (hereinafter “the instant lease agreement”). The Plaintiff received KRW 50 million in premium in relation to the acquisition of the instant restaurant, and the Plaintiff provided the Defendant with fishing gear to receive KRW 2 million in the amount of monthly rent.

B. Around June 1, 2014, the Defendant received the instant building from the Plaintiff and operated the instant restaurant in the instant building from around that time. Since around July 1, 2014, the Plaintiff and the Defendant agreed to increase the rent of the instant building from KRW 500,000 per month to KRW 700,000 per month from July 1, 2014, the Defendant paid the Plaintiff KRW 500,000,000 and KRW 2.5 million per month from June 2, 2014, and between July 2014 to February 2015, the Defendant paid the Plaintiff KRW 2,160,000 [the amount of KRW 70,000,000,000,000,000,000 per month from June 2, 2014 to February 1, 2015].

C. However, from March 2015, the Defendant did not receive a sprink from the Plaintiff. Since March 2015, the Defendant did not receive a sprink from the Plaintiff, KRW 850,000 on April 16, 2015, KRW 650,000 on May 18, 2015, KRW 500 on June 15, 2015, KRW 500,000 on July 8, 2015, KRW 500,000 on August 18, 2015, KRW 50,000 on September 30, 2015, KRW 500,000 on September 25, 2015, KRW 500,000 on November 25, 2015, KRW 500,000 on May 14, 2015.

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