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(영문) 서울중앙지방법원 2014.05.28 2013가단334278
건물명도
Text

1. The defendant is paid KRW 50 million from the plaintiff and at the same time, among the real estate first floor listed in the attached Table 1 to the plaintiff.

Reasons

1. Facts of recognition;

A. On November 1, 2007, the Plaintiff leased 19 square meters of the lease deposit amounting to KRW 50 million and the lease period of November 1, 2007 (hereinafter “the lease contract for the first floor”) to the Defendant on the first floor of the real estate listed in the attached Table 1, with the lease deposit amounting to KRW 50 million, and the lease period of KRW 19 square meters in sequence connected each point of Section 1 among the real estate listed in the attached Table 1 list (hereinafter “the lease contract for the first floor”).

(2) On November 1, 2007, the Defendant paid KRW 50 million to the Plaintiff the lease deposit, and around that time, operated the clothing store in the name of “C” with delivery of the leased part of the first floor.

3) Since then, the Plaintiff extended the lease term on October 28, 201 between the Defendant and the Defendant on several occasions, and extended the lease term to November 16, 2013. (b) On March 3, 2011, the Plaintiff: (a) on March 3, 2011, the Plaintiff leased the lease term of KRW 31.4 square meters on the apartment floor among the real estate listed in the attached Table 1 list to the Defendant for KRW 20 million; (b) monthly rent of KRW 80,000,000; and (c) the lease term from March 25, 2011 to March 25, 2013.

(2) On March 3, 2011, the Defendant paid to the Plaintiff KRW 10 million, and KRW 10 million,00,000,000 to the Plaintiff around March 25, 2011, and operated the clothing store on the land’s floor from around that time. After the lease deposit was changed to KRW 30 million, the Defendant additionally paid KRW 10,000,000 of the lease deposit to the Plaintiff around April 10, 2012. Meanwhile, on February 7, 2013, the Defendant obtained a business registration certificate issued on March 25, 2011 as the location of the land’s leased part, separate from the first floor leased part.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 2 and 3, and the purport of the whole pleadings

2. Determination as to the part claim on the first floor

A. According to the factual basis of the determination as to the cause of the claim, the lease agreement on the first floor leased was terminated at the expiration of the period.

As such, the defendant is the defendant.

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