(영문) 광주지방법원 2015.09.23 2015나2870 | 리걸엔진

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(영문) 광주지방법원 2015.09.23 2015나2870

건물명도 등

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

1. Goods to be supported: Real estate in this case;

2. Details of business start-up of general restaurants: 50,000,000 won for the subsidies of the Legal Service and the obligations of the Legal Service in the defendant's charge 20,000,000 won: The subsidies shall be used as the rental deposits for the moving-in goods; and

The defendant's obligation: The security deposit paid to the commercial owner when the withdrawal decision is finalized shall be paid by the Corporation several times, and the unpaid amount such as monthly rent shall be deducted from the defendant's charge, and the difference shall be paid to the defendant.

In around 2011, the Korea Rehabilitation Agency (hereinafter referred to as the "Legal Services Corporation") has agreed to provide the following terms in order to support the establishment of the defendant.

The plaintiff shall be a lessor, and the Corporation shall lease the real estate of this case with the tenant of the Corporation, and the Corporation shall enter into a lease contract to entrust the defendant who is a store operator with the right to use and profit from the real estate of this case as follows:

Lease Deposit: 70,000,000 won (the security deposit shall be KRW 50,00,000,000 for the subsidies of the law firm Corporation, and KRW 20,000,000 for the Defendant): 20,000,000 for the beneficiary, the Plaintiff, and D balance: 50,000,000 won on April 8, 2011.

Account Number: Article 1 (Lease Period): From April 9, 2011 to April 8, 2013, the Plaintiff may not refuse a request for renewal of a contract made between the Corporation and six months before the expiration of the lease period without justifiable grounds.

(2) A lease renewed pursuant to paragraph (1) shall be deemed to have been renewed under the same conditions as that of the former lease, and the term of the lease in such cases shall be one year.

B. On April 8, 2011, the Plaintiff entered into a lease agreement with the Korea Legal Service and the Defendant on the instant real estate (hereinafter “instant lease agreement”).

C. On April 8, 2011, the Legal Service paid KRW 50 million out of the above lease deposit to the Plaintiff, and the Defendant is accordingly.

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