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(영문) 수원지방법원성남지원 2017.04.12 2016가단5978
건물인도
Text

1. The defendant shall indicate "the drawings" in the attached Form 1, 2, 3, 4, and 4 among the 1st floor of the building in which "the indication of real estate" is attached to the plaintiff.

Reasons

1. Facts of recognition;

A. On May 6, 2015, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) with respect to the lease deposit of KRW 100,00,000, monthly rent of KRW 7,750,00 (excluding value-added tax) and rent of KRW 7,750,00 (excluding value-added tax), and from May 6, 2015 to May 6, 2016 (hereinafter “instant lease agreement”); (b) with respect to the lease deposit of KRW 127.8 square meters on the part of “A” (hereinafter “instant real estate”), which connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the buildings indicated “the instant building”). (c) on May 6, 2015, the Plaintiff transferred the instant real estate to the Defendant on May 6, 2015.

B. Paragraph 6 of the Special Agreement on the Lease of this case provides, “The lessor may terminate the lease fee at will without any peremptory notice to the lessee in the event that the lessee has failed to pay the rent two or more times. The lease period shall be five years if the lessee does not pay the rent.” Paragraph 7 provides, “The lease period shall be one year and the lease period may be increased by up to five percent per annum if the lease is renewed.”

C. The Defendant engaged in the business of selling food, such as bread, which he created in the instant real estate. On June 2015, the Plaintiff sent to the Defendant a certificate of content demanding the Defendant to resolve the noise generated in freezing, etc. during the Defendant’s business, as the noise generated in freezing, etc. was serious, and there was frequent dispute between the Plaintiff and the Defendant.

On November 4, 2015, the Plaintiff sent a content-certified mail stating that it is difficult for the Plaintiff to continue the instant lease agreement with the Defendant on the grounds that noise is severe to the Defendant, and that it is difficult to continue to implement the instant lease agreement due to the risk of fire in the instant building due to excessive usage of electricity by the Defendant.

[Ground of recognition] without any dispute, Gap's No. 1, Gap's No. 3, and Gap's No. 5, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the instant lease agreement on January 2, 2016.

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