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(영문) 대전지방법원 2016.05.12 2015가단13635
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver 115.20 square meters in the underground room of the building listed in the separate sheet;

(b) 500.

Reasons

1. Basic facts

A. On January 25, 2010, the Plaintiff, the owner of the building indicated in the separate sheet (hereinafter “instant building”) entered into a lease agreement with the Defendant, setting the lease deposit amounting to KRW 5,00,000,000 for the underground multi-section 115.20 square meters of the building as indicated in the separate sheet (hereinafter “instant store”) as KRW 5,000,000 for the leased deposit, from January 25, 2010 to January 25, 2010, KRW 300,000 for the monthly rent, and KRW 250,000 for the entertainment year, and the Defendant entered into the instant store with the trade name “C”.

The main point was opened and operated.

B. On January 25, 2012, the Plaintiff concluded a lease agreement with the Defendant with the terms of KRW 5,00,000 for the instant store, KRW 300,00 for monthly rent, KRW 250,00 for entertainment tax, and KRW 250,00 for entertainment tax, and KRW 24 months from January 25, 2012 for the term of lease.

(hereinafter “instant lease agreement”). C.

On October 29, 2013, the Plaintiff sent to the Defendant a certificate of claim for the delivery of the instant store by January 25, 2014 on the ground that the term of the instant lease expires, and reached the Defendant around that time.

Accordingly, the Defendant, on October 31, 2013, asserted that he/she had the right to use and benefit from the instant store until January 25, 2015, sent a certificate of refusal to deliver the instant store to the Plaintiff. The Plaintiff recognized the Defendant’s use and benefit from the instant store until January 25, 2015, and the instant lease contract was terminated on January 25, 2015.

The Defendant paid monthly rent and monthly entertainment tax to the Plaintiff until January 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-5, the purport of the whole pleadings

2. According to the facts of the above recognition regarding the request for delivery of the instant store, the Defendant is obligated to deliver the instant store to the Plaintiff.

3. Determination on the claim for damages

A. According to the facts of the occurrence of claim for damages equivalent to the monthly rent and the monthly entertainment tax and the recognition of the above recognition of the lease deposit, the defendant shall seek from the plaintiff and the plaintiff.

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