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(영문) 인천지방법원 2015.12.17 2015나8414
건물명도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. A. Around April 1, 1988, the Plaintiff leased a part of the 1st floor store and the 1st floor store of the instant building (A) to the Defendant’s shape on the following: (a) around April 1, 1988, the part of the 1st floor store and the 243m2 in the attached list on the ground of the 134.41m2 on the ground of the 1st floor of Bupyeong-gu, Incheon (hereinafter “instant building”) which connect each point of 19,20,21,17, and 19m2 in sequence; (b) around 1989, the Defendant succeeded to the status of the tenant and operated a furniture store on the 1st floor.

B) On April 1, 1997, the Plaintiff and the Defendant entered into a lease agreement with respect to the first floor store of KRW 7 million, monthly rent of KRW 500,000,000, and one year from the delivery date of the lease term. Since then, the above contract was explicitly renewed without any modification to the contents of the contract. C) Subsequent to the building of this case, there was a blankter (in part of Incheon Bupyeong-gu, Incheon, which is the site of the building of this case, the building of this case), but upon entering into the initial lease agreement, the Defendant requested that the building be used as a household exhibition place, and obtained the Plaintiff’s consent on condition that the building be removed at the expiration of the lease term and restored to its original state.

After succeeding to the lessee’s status, the Plaintiff requested the Plaintiff to expand the household exhibition place and create a room to make it possible for the Plaintiff to live there. Since September 15, 1989, the Plaintiff consented on the condition that monthly rent is more than KRW 70,000,00. D) Accordingly, the Defendant extended the building by expanding the household exhibition place and creating a school kitchen. From February 1990, the Plaintiff resided in the building. The current household building (hereinafter “instant household building”).

A building shall connect a entrance to the back wall of a first floor of asbestos slate roof, and the remaining three sides shall be composed of a tent, and a drawing shall be attached thereto.

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