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Reasons
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(영문) 부산지방법원 동부지원 2018.11.14 2018가단207719
건물명도(인도)
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1. From October 20, 2018 to October 20, 2018, the Defendant is a building listed in the [Attachment Table C] of the Busan Suwon-gu, Suwon-gu, Busan.

Reasons

1. Facts of recognition;

A. In around 1989, the Defendant entered into a lease contract with approximately KRW 6 million and KRW 30,000 per month for the stores of approximately 3 square meters among the first floor of the building listed in the [Attachment List] in Suwon-gu Busan Metropolitan City (hereinafter “instant building”) and operated the key business as “D” from around September 14, 1989.

B. On January 18, 199, the Plaintiff acquired 9/10 shares of the instant building, and around July 13, 2001, after consultation with the Defendant, changed the leased object into 1, 2, 3, 4, and 6m2 (hereinafter “instant store”) a part at the top of the instant building, which connected each point of 1, 2, 3, 4, and 1 in sequence, among the first floor of the instant building.

C. On December 21, 2012, the Plaintiff acquired the remainder of 1/10 shares in the instant building and became a single owner. On January 20, 2013, the Defendant’s previous rent of KRW 6 million for the instant store, KRW 216,000 for the rent, KRW 154,000 for January 20, 200, and KRW 180,000 for January 20, 201;

On January 20, 2013, the term of lease was 24 months from January 20, 2013, and the lease contract including the following special agreement was concluded (hereinafter referred to as "the lease contract in this case"):

Matters of special agreement

1. Additional taxes and management expenses shall be separately imposed;

2. No premium shall be claimed.

3. The unpaid monthly tax for at least three months shall be deemed to have waived the relevant contract;

4.The time of sale or the time of new construction or reconstruction of this building before the contract date shall be cancelled.

On November 28, 2017, the Plaintiff sent to the Defendant a written notification stating that “The Plaintiff had no intent to renew the instant lease agreement due to the purchase, sale and new construction of the instant building due to inappropriate urban landscape and risk of collapse caused by aging,” and around that time, the Defendant issued the said written notification by content-certified mail.

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