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(영문) 제주지방법원 2018.03.20 2017가단50449
건물명도(인도)
Text

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

(a) Attached 2 Map 1, 2, 3, and 3 among the buildings listed in the Attached 1 List;

Reasons

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

1. Basic facts

A. On June 15, 2010, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 10 million per year from June 15, 2010 to January 15, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the part (Ga) of KRW 9.62 square meters per annum (hereinafter “instant store”) among the buildings listed in the attached Table 1 list owned by the Plaintiff, which was linked in sequence to the Defendant, as indicated in the attached Table 1 list of the Plaintiff, as the lease deposit amount of KRW 1,2,3,4, and 9.62 square meters per year, and the lease term of KRW 7.5 million from June 15, 2010 to January 15, 2013 (hereinafter “instant lease agreement”). Around that time, the Defendant paid the Plaintiff the lease deposit amount of KRW 10 million to the Plaintiff, and operates a restaurant with the name “C” at the instant store from that time.

B. On January 15, 2013, the Plaintiff and the Defendant renewed the lease agreement with the effect that the lease deposit under the instant lease agreement is KRW 15 million, the annual rent is KRW 8.5 million, and the lease agreement is renewed by extending the lease term by January 14, 2015. On January 14, 2015, the lease agreement was renewed with the content that the lease deposit is KRW 20 million per year, and the annual rent is KRW 10 million, and the lease term is extended by January 14, 2017.

The Defendant paid to the Plaintiff both the increased lease deposit and the annual rent.

C. On July 15, 2016, December 14, 2016, and January 14, 2017, the Plaintiff notified the Defendant of the refusal to renew the lease agreement. Each of the above content certifications sent to the Defendant each of the following: “When the lease term of the instant lease expires on January 14, 2017, the lease contract will not be extended.” The Plaintiff sent each of the above content certifications to the Defendant at each time of delivery.

The defendant's establishment of a premium contract and the plaintiff's refusal to enter into a new lease contract, 1 The defendant raised objection against D on December 7, 2016, prior to the expiration of the lease contract of this case.

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