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(영문) 대구지방법원 2017.01.10 2016가단18316
건물명도등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 2011, the Plaintiff entered into a lease agreement with the Defendant’s husband, setting the lease period of C and the instant store as KRW 24 months from May 28, 2011, KRW 5 million, monthly rent of KRW 500,000, and Nonparty D, the mother of C, as the lessee.

B. On July 2013, the Plaintiff concluded a lease agreement by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 500,000, and the lease period on July 16, 2015, after deeming the Defendant as the nominal lessee, as required by C around July 2013.

C. Upon the Defendant’s delinquency in paying monthly rent, the Plaintiff notified the Defendant of his intention to terminate the lease agreement without paying monthly rent on November 2013, and the Defendant paid KRW 2.5 million on November 25, 2013.

Accordingly, the Plaintiff and the Defendant, while newly preparing the lease contract, agreed that the lease deposit, monthly rent, lease period, etc. shall be, from November 27, 2013 to November 27, 2013, monthly rent shall be set up only in the account and only in the account of electricity, water supply, etc.

On January 2015, the Plaintiff notified the Defendant that the term of the lease will not be renewed at least six months prior to the expiration of the term of the lease. On July 23, 2015, the Plaintiff sent a content-certified mail to the effect that the term of the lease will not be renewed any longer.

E. The Defendant is the Plaintiff 2015

7. From around 17.17. to KRW 500,000, monthly rent of KRW 500 to KRW 550,000 has been paid.

[Ground for Recognition: Unsatisfy facts, Gap evidence 1 through 4 (if there is a serial number, including a branch number).

hereinafter the same shall apply.

(ii) each entry in Eul evidence 1 to 6, part of the witness C’s testimony, the purport of the whole pleadings

2. Determination as to the cause of action

A. On July 16, 2015, the Plaintiff asserted by the parties, as the lease contract for the instant store with the Defendant was terminated on July 16, 2015, the Defendant delivered the instant store to the Plaintiff. The Defendant shall pay the monthly rent at the rate of KRW 50,000 per month by the date the delivery of the instant store is completed.

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