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(영문) 인천지방법원 2020.04.22 2019나52891
건물명도(인도)
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall be the Plaintiff-Counterclaim Defendant, 1.

Reasons

1. Basic facts

A. On August 15, 201, the Plaintiff’s attached list owned by the Defendant and F (hereinafter “instant real estate”) entered into a lease agreement with the Defendant as to the lease deposit amount of KRW 20,000,000, monthly rent of KRW 980,000, and the lease term of KRW 30,000 from August 31, 201 to August 30, 2013. The Plaintiff received KRW 20,000,000 from the Defendant.

B. The Plaintiff, a F’s son, received legacy from F on February 7, 2013, and completed the registration of ownership transfer on the instant real estate on March 11, 2013.

C. The Plaintiff and the Defendant increased the monthly rent to KRW 1,080,000 and renewed the said lease contract.

The terms and conditions of the last lease agreement concluded between the Plaintiff and the Defendant on September 1, 2016 (hereinafter “instant lease agreement”) include KRW 20,000,000, monthly rent of KRW 1,080,000, and the term of lease from August 30, 2016 to August 30, 2017.

There is a provision that, from the initial lease agreement to the instant lease agreement concluded between the Plaintiff and the Defendant, the term “it is impossible to claim to the lessor the premium” as a special agreement (hereinafter “the instant special agreement”).

(hereinafter referred to as “the waiver clause”) d.

On July 20, 2017, the Plaintiff expressed his/her intent to refuse to renew the instant lease agreement to the Defendant with the content certification.

E. The Defendant occupies and uses the instant real estate while operating a restaurant under the trade name of “C”.

F. On August 11, 201, the Defendant leased the instant real estate, and paid KRW 41,000,000 to the lessee prior to the instant real estate.

On July 27, 2017, the Defendant entered into a contract on the premium of 80,000,000 won for the lease of commercial building (hereinafter “the premium contract of this case”) with D and the real estate of this case.

G. The appraised value of the instant real estate is KRW 23,60,000 for premium on tangible property as of August 30, 2017 and premium on intangible property as of intangible property.

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