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(영문) 대구지방법원 2020.09.11 2019가단146441 (1)
건물인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the buildings listed in the separate sheet;

B. On May 6, 2020

Reasons

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. On October 4, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 15,00,00,000, monthly rent of KRW 1,600,000, and the lease term of KRW 2 years from October 15, 2014 to October 15, 2016.

Paragraph 1 of the special agreement provides that the lessee agrees to the compulsory order.

C If the land is sold to a third party, the lessee shall be a director without claiming premium, director fee, beneficial cost, and necessary expenses.

B. The Plaintiff and the Defendant extended the instant lease contract three times thereafter from October 15, 2017 to October 15, 2018. The first extended the lease deposit amount of KRW 15,00,000, monthly rent of KRW 2,000,000, and the term of lease from October 15, 2016 to October 15, 2017. The lease deposit amount of KRW 15,000,000, monthly rent of KRW 2,150,000, and the term of lease from October 15, 2017 to October 15, 2018: (a) the Plaintiff and the Defendant claimed the extension of the term of lease from October 15, 2017 to October 15, 2018 to October 10, 2015; (b) the lease deposit of KRW 10,000,000,000,000 from October 10, 2015.

This contract shall not be assigned by the lessee to a third party.

(c) On June 13, 2019, the Plaintiff notified the Defendant of the “no intention to renew the contract” on the 14th of the same month through a content-certified mail, and the said content-certified mail reached the Defendant on the 18th of the same month. D. From October 2014 to the present day, the Defendant occupied and used the instant building while operating the restaurant with the trade name “D” in the instant building.

E. Meanwhile, the instant lease agreement had expired on October 15, 2019, and the Defendant since October 15, 2019.

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