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(영문) 대전지방법원서산지원 2017.06.13 2016가단55631
건물명도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is from 26,750,000 to 26,750,000 won from the Plaintiff (Counterclaim Defendant) as shown in the attached Table from May 1, 2017.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On December 27, 2013, the Plaintiffs completed the registration of ownership transfer based on a sales contract with D on December 26, 2013 with respect to each of 1/2 shares of each of the buildings listed in the separate sheet (hereinafter “instant building”).

B. On January 14, 2012, the Defendant entered into a lease agreement with D and the instant building with a deposit of KRW 30 million, term of lease from February 1, 2012 to January 31, 2014, and operated a sports product sales agent in the instant building.

After purchasing the instant building, the Plaintiffs entered into a commercial lease agreement with the Defendant on December 31, 2013 (hereinafter “instant lease agreement”).

The main contents are as follows:

The rent deposit of KRW 30 million shall be paid at the time of a contract, and the balance of KRW 27 million shall be paid on January 31, 2012, and the rent of KRW 11 million per month shall be paid in advance on the first day of each month.

The lease period shall be from February 1, 2014 to January 31, 2017, and the monthly rent shall be paid in advance on the first day of each month.

(b) The terms and conditions of this contract to the effect that the contract succeeds to the commercial lease agreement with the former owner D on January 14, 2012

1. Whether premium is not recognized;

3. Period of lease by January 31, 2017.

C. On July 11, 2016, the Plaintiffs notified the Defendant that the termination date of the instant lease agreement is January 31, 2017, and that it would be possible to extend the lease agreement or renew the instant lease agreement, since it would be expected to build new buildings after demolishing the instant building upon the expiration of the lease term.

Accordingly, the Defendant notified the Plaintiffs of the right to renew the instant lease agreement by January 31, 2019, when the period of the instant lease agreement commenced on August 17, 2016, which was five years from the date of February 1, 2014. However, on November 30, 2016, the Defendant did not renew the instant lease agreement and received the premium to a new lessee. As such, the Plaintiffs requested the new lessee to conclude the lease agreement with the new lessee.

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