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(영문) 부산지방법원 2017.08.08 2017가단2492
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver 6 stories 213.9 square meters of buildings listed in the attached Table 1 list;

(b) 12,500,000 Won;

Reasons

Basic Facts

On October 6, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with the content that the lease deposit is KRW 25,000,000 for the leased property, KRW 2,500,000 for the leased property, and the lease term is from October 6, 2010 to October 5, 2012 for the lease term (hereinafter “instant lease agreement”).

The plaintiff delivered the real estate of this case to the defendant around that time, and the defendant was engaged in food service business with the business permission specified in attached Form 2 from the real estate of this case

At the time of the instant lease agreement, the Plaintiff and the Defendant agreed to pay the Plaintiff, a lessor, a penalty of 30% of the rent and rent monthly when the Defendant, a lessee, delays the delivery of the instant real estate for at least one month after the termination of the lease, including termination of the contract.

The instant lease agreement was implicitly renewed, and the Plaintiff and the Defendant renewed the instant lease agreement by setting the term of lease on October 6, 2014 from October 6, 2014 to October 5, 2016.

On August 22, 2016, the Plaintiff notified the Defendant that he/she would refuse to renew the instant lease agreement, and at that time, the said notification was delivered to the Defendant.

The Defendant paid a rent to the Plaintiff by September 5, 2016 under the instant lease agreement, but did not pay the rent thereafter, and is occupying and using the instant real estate until now.

[Grounds for recognition] Fact-finding, Gap evidence Nos. 1 through 4, and the ground for the claim as to the purport of the whole argument, the above facts are examined. Since the lease contract of this case was terminated on October 5, 2016, the defendant who is a lessee delivers the real estate of this case to the plaintiff, and the defendant implements the procedure for reporting the business closure as stated in attached Table 2 to the plaintiff so that the plaintiff does not interfere with the plaintiff's re-permission of the business.

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