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(영문) 춘천지방법원속초지원 2016.01.28 2015가합20
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) 36,00,000 won and January 1, 2015.

Reasons

1. Facts of recognition;

A. On February 26, 2014, the Defendant purchased buildings of 1.3 billion won in total from Nonparty C and D, E-si, Chuncheon to 942 square meters and its ground (hereinafter “E land and pentine”)

(hereinafter “instant sales contract”). B.

However, the above E land and penta share some convenience facilities necessary for the operation of penta with the immediately adjacent to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “F land and penta”).

C. On February 26, 2014, the date of the instant sales contract, the Plaintiff and the Defendant agreed to pay the Plaintiff a monthly rent of KRW 6 million (hereinafter “instant lease contract, although the parties are not clearly named as lease, the Plaintiff agreed to allow the Plaintiff to use and benefit from the F land, and the Defendant agreed to pay a monthly fee of KRW 6 million as the usage fee.” The purport of the agreement is as follows: (a) the Defendant would operate pentry by the end of February 2017; and (b) the Plaintiff would pay KRW 6 million, including the Plaintiff, to the Plaintiff as the use fee of the G land and the building, irrespective of gains.”

Since then, the defendant has occupied and used F land and pentle, but only paid rent until June 2014, but did not pay the following rent.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the lease contract of this case was terminated upon delivery to the defendant by the plaintiff's complaint stating that it will be terminated due to the defendant's rent unpaid, barring any special circumstances.

As such, the defendant is the defendant.

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