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수원지방법원안산지원 2019.11.20 2018가단72713
건물명도(인도)
Text

1. The Plaintiff (Counterclaim Defendant)’s claim for the procedure of filing a report on business closure as stated in attached Table 2 List 2.

Reasons

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

1. Basic facts

A. On July 17, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and each real estate listed in the separate sheet No. 1 (hereinafter collectively referred to as “instant commercial building,” and, individually referred to as “the number of housing units”) with respect to the lease deposit amount of KRW 70 million, monthly rent of KRW 330,000,000, and the lease period of KRW 3300,000,000 from August 30, 2018.

B. At the time of the conclusion of the instant lease agreement, among the instant commercial buildings, the use of subparagraph D was made as amusement facilities (e.g., amusement taverns) and E as neighborhood living facilities (general restaurants), but the use of subparagraph D and E was made as one commercial building, and the entertainment tavern business, which was an entertainment tavern business.

C. On August 30, 2018, the Defendant paid to the Plaintiff a lease deposit of KRW 70,000,000, including KRW 73,000,000 on the day of the instant lease agreement, and operated a singing plaza with the trade name “F” after receiving a transfer of the instant commercial building on or around August 30, 2018, and obtaining a business license for an entertainment drinking house as shown in attached Table 2(1) as shown in attached Table 2(2).

At the time of concluding the instant lease agreement, the Defendant agreed to the Plaintiff as follows.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

Matters of special agreement

7. With respect to the property tax (building and land portion) imposed on amusement facilities in 2013, the lessor shall be responsible for any remainder of the property tax;

9. Property tax (serious taxation on Class 1 amusement property) shall be paid by a lessee;

11. The environmental charges that cause traffic congestion shall be borne by the lessee;

E. From September 2017, the Defendant did not pay a car for the instant commercial building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, market for the interest of this court, fact-finding reply to the director of Si interest and the purport of whole pleadings

2. In the principal lawsuit.