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(영문) 대전지방법원 2017.11.30 2017가단619
건물명도
Text

1. The defendant shall be the plaintiff.

A. Of the Daejeon Dong-gu, Daejeon-gu, D single-story stores and branch-storys, the attached Form No. 1, 2, 3, 4, 1 shall be indicated.

Reasons

1. Basic facts

A. On September 2005, the Defendant: (a) leased the instant store from the Plaintiff and operated an entertainment drinking house with the trade name “E” at the instant store; (b) between the Plaintiff and the Plaintiff on January 2010, the Defendant drafted a lease agreement between the Plaintiff and the Plaintiff on the deposit deposit amounting to KRW 30,000,000, monthly renting KRW 1,600,000 (excluding value-added tax); and (c) from January 1, 2010 to December 31, 2011.

(hereinafter “instant lease agreement”). B.

From May 2012, the Defendant paid 2,200,000 won monthly rent from May 201 to the Plaintiff. The Defendant’s entertainment tavern paid the Plaintiff the property tax amount excessive to the Plaintiff due to the entertainment tavern.

C. On November 17, 2016, the Plaintiff sent to the Defendant a content-certified mail to the effect that the term of the instant store expires on December 31, 2016, and the Plaintiff sent the same content-certified mail on November 28, 2016.

On February 16, 2017, the Defendant deposited KRW 4,400,000 in the sum of the rent for January and February 2, 2017 regarding the instant store, but did not pay the rent thereafter.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap 2-1, 2-2, Eul 1 and 2-2, the purport of the whole pleadings

2. Determination

A. (1) According to the above basic facts, it is reasonable to deem that the instant lease agreement was explicitly renewed on a yearly basis from January 1, 2012 to November 17, 2016, and that the Plaintiff notified the Defendant of his/her intention to refuse to renew the lease agreement. Thus, the instant lease agreement is deemed to have expired on December 31, 2016.

(2) The Defendant asserts that he agreed to extend the term of lease by April 30, 2019.

㈎ 계약이 성립하기 위해서는 당사자 사이에 계약의 내용에 관한 의사의 합치가 있어야 한다.

It is necessary to agree with this intention on all matters which form the content of the contract.

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