(영문) 대구지방법원김천지원 2015.11.12 2015가단1228

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(영문) 대구지방법원김천지원 2015.11.12 2015가단1228

점포명도

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1. The defendant points out of the building stated in the attached list to the plaintiff each point of indication 1, 2, 3, 4, and 1.

Reasons

1. In full view of the overall purport of the pleadings, the following facts are recognized in each entry of Gap evidence Nos. 1 to 3 (including branch numbers) of the basic facts:

A. On April 25, 2007, the Plaintiff, as the owner of the building indicated in the attached list, entered into a lease agreement with the Defendant on the following terms: (a) part of the building attached to the attached Table No. 1, 2, 3, 4, and 1, connected each point in sequence with the Defendant, of the attached Table No. 1, 2, 3, 4, and 1, with respect to a store with the purpose of the financial business establishment, 70.69m2 (hereinafter “instant store”) as “a security deposit amount of KRW 10 million, a rent of KRW 8 million, a rental period of KRW 8 million, and the lease period of KRW 17 months from May 1, 2007 (from August 31, 2008)

B. After that, the Plaintiff and the Defendant renewed the above lease agreement, and concluded the lease agreement again on February 9, 2012 by setting the term of lease as “from September 1, 2008 to 24 months”; and “from February 9, 2012 to 12 months.”

C. On February 26, 2013, the Plaintiff renewed the said lease agreement again with the Defendant, and drafted a lease agreement stating that “The surrender of real estate shall be ordered as of February 9, 2015, and the period of the preceding age shall be 24 months from the date of ordering the lessee to surrender the real estate” (hereinafter “instant lease agreement,” and No. 2-4).

2. The parties' assertion and judgment

A. The Plaintiff asserts that the Plaintiff’s assertion that: (a) the instant lease agreement entered the name holiday as “ February 9, 2015,” rather than “ February 9, 2013,” is a simple clerical error; and (b) the instant lease agreement was terminated on February 9, 2015, past 24 months from February 9, 2013, and thus, (c) the Defendant is obligated to deliver the instant store to the Plaintiff.

The Defendant, on February 9, 2015, entered the name holiday in the instant lease agreement, as the name holiday day on February 9, 2015, is not a clerical error due to the Plaintiff’s actual waterway, but the Plaintiff’s husband, who prepared the instant lease agreement, is selected as a person eligible for the support and support business for the Defendant, and the lease period for the

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