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(영문) 춘천지방법원 2020.11.12 2019나52697
건물인도 등
Text

1. Of the counterclaim part of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) ordering payment is revoked.

2.

Reasons

1. Facts of recognition;

A. On September 7, 2010, the Defendant leased 53.9 square meters (hereinafter “instant store”) out of 220.56 square meters of the Plaintiff’s Chomo-gun D’s Mamodong-gun D’s land structure and 1st class neighborhood living facilities (hereinafter “instant store”) from the Plaintiff’s Chomo-gun for KRW 10 million, monthly rent of KRW 500,000,000, monthly rent of KRW 500,000,000 from September 7, 2010 to September 6, 2015.

(hereinafter “instant lease agreement”). The Defendant operated convenience stores at the instant store.

B. On April 18, 2013, the Plaintiff succeeded to the lessor’s status under the instant lease agreement by completing the registration of ownership transfer for the entire building, including the instant store, based on the donation made on April 9, 2013.

C. On March 1, 2015, prior to the expiration of the lease term, the Plaintiff’s father G and father H (hereinafter “Plaintiff’s side”) stated that the Defendant did not have an intent to renew the instant lease agreement.

On April 11, 2015, the Defendant proposed to renew the instant lease agreement to the Plaintiff’s side or to take over the instant store in KRW 150 million for the premium.

On the other hand, the plaintiff clearly revealed that there was no intention to renew the lease agreement of this case and expressed the intention to accept the store of this case.

However, there was a big difference in the amount of premium between the parties.

On April 14, 2015 and June 15, 2015, the Plaintiff and C sent to each of the Defendant a letter-proof mail demanding the delivery of the instant store upon the expiration of the period of the instant lease by notifying each of the Defendant that he/she had no intent to renew the instant lease.

E. The Defendant entered into a lease contract with F on August 1, 2015, between six months before the lease term expires and F on August 1, 2015, between the date when the lease term of the instant lease is terminated, and entered into a lease contract with F on the instant store, and set the facility premium (including the water lease) as KRW 150 million.

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