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(영문) 울산지방법원 2020.06.26 2019가단107332
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) building from 30,000,000 to 30,000 won from the Plaintiff (Counterclaim Defendant) as indicated in the attached Table from July 18, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 9, 2008, the Plaintiff entered into a contract with the Defendant for lease with the term of KRW 30 million, monthly rent of KRW 1100,000,000,000,000,000 from among the buildings listed in the attached list (hereinafter “instant store”) as indicated in the attached list, and from May 9, 2008 to May 9, 201, the Plaintiff entered into a lease agreement with the Defendant.

(hereinafter “instant lease agreement”). The Defendant is running restaurant business in the name of “C” at the instant store.

B. The instant lease agreement was explicitly renewed between the Plaintiff and the Defendant, and was renewed on March 18, 2014 by setting the lease term from March 18, 2014 to March 18, 2019, and the monthly rent of KRW 110,000 (the 18 prepaid day of each month).

C. On November 6, 2018, the Plaintiff notified the Defendant of “as the instant lease contract term expires on March 18, 2019, it is planned to remove the instant building and build a new building, it is impossible to renew the said lease contract.” The Defendant received it on November 7, 2018.

On April 5, 2019, the Plaintiff filed a petition against the Defendant for provisional disposition prohibiting the occupation and transfer of the instant store and received the said decision. On April 5, 2019, the Plaintiff filed the instant lawsuit against the Defendant and again filed a petition for provisional disposition prohibiting the occupation and transfer of the instant store and received the said decision against the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of determination as to the cause of the claim, the instant lease agreement was terminated on March 18, 2019 due to the expiration of the lease term.

Therefore, the defendant is obligated to deliver the instant store to the plaintiff.

However, the plaintiff is the person who has the obligation to return the lease deposit to the defendant, and the defendant simultaneously performs the lease deposit from the plaintiff 3.

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