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(영문) 대구지방법원안동지원 2020.10.20 2020가단20883
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. Attached Form 2 shall be indicated to the Plaintiff (Counterclaim Defendant) on the real estate listed in attached Table 1 list.

Reasons

1. Facts of recognition;

A. The Plaintiffs are the successors of the deceased G, and are those who own the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) from G by inheritance.

B. On October 3, 2014, G, before death, leased the instant real estate to the Defendant by setting the lease deposit amount of KRW 30 million, KRW 1.5 million per month, and the lease term from October 20, 2014 to October 20, 2019.

Article 3) A lessee may not change the purpose or structure of the real estate without the consent of the lessor, sub-lease or collateral, and may not use it for any purpose other than the purpose of the lease. Article 4) If the lessee delays the payment of the rent two times or more, or violates the provisions of Article 3, the lessor may terminate the contract.

Article 5) Upon termination of a lease agreement, the lessee shall restore the leased property to its original state at the time of lease and return the leased property to the lessor, and the lessor may not request the lessor to return the facility cost and the premium to the lessee. (C) On October 20, 2019, the Plaintiff A and the Defendant, who terminated the period of the said lease agreement on October 20, 2019, shall not be deemed to be the leased part of the instant real estate, indicated in the annexed drawing 2 (the leased part of 139.4m2, the retail part of H’s 89.26m2, the hereinafter “instant store”).

(2) As to the lease deposit (hereinafter “instant lease agreement”), a lease agreement is concluded between October 20, 2019 and October 19, 2021 with respect to the lease deposit amount of KRW 15 million, monthly rent of KRW 750,000,000, and the term of lease (hereinafter “instant lease”).

AB concluded the agreement.

The main contents of the instant lease agreement are as follows.

On the other hand, on December 5, 2019, the Defendant set the instant store from December 5, 2019 to November 4, 2021 and sublet it to I without the consent of Plaintiff A.

E. In addition, the instant store is not installed by means of the Internet for the installation of computers, card terminals, and royalties, and thus, the Defendant is among the instant real estate.

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