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(영문) 춘천지방법원 강릉지원 2017.01.17 2016나780
토지인도 등
Text

1. The judgment of the court of first instance against the defendant exceeding the following portions of the claim for payment.

Reasons

1. Facts of recognition;

A. On February 25, 2008, C leased each of the real estate listed in the separate sheet (hereinafter “each of the instant sub-movables”) to the Defendant, without any deposit, at a fixed rate of KRW 6 million per annum, and from February 25, 2008 to 60 months from February 25, 2008.

(hereinafter “The instant lease agreement”). Article 5 of the instant lease agreement provides, “The lessee may remodel or alter the lease agreement with the approval of the lessor, but shall be restored to its original state at the expense of the lessee prior to the conversion of real estate.”

B. On February 25, 2013, the instant lease agreement was explicitly renewed due to the absence of any objection by both parties even after the expiration of the term, and thereafter, the instant lease agreement was explicitly renewed on February 25, 2014 and February 25, 2015.

On August 31, 2013, the Defendant paid to C the rent of KRW 6 million in 2013, the rent of KRW 7 million in 2014 on August 14, 2014, and KRW 7 million in 2015 on July 31, 2015, respectively.

C. Meanwhile, the Defendant completed the registration of business on July 24, 2014, which was in delivery and use of each of the instant real estate, by making the location “YYD” and “E” a trade name.

C On November 2, 2015, the Defendant sent a content-certified mail to refuse the renewal of the instant lease agreement, and at that time the said mail reached the Defendant.

E. The Plaintiff purchased each of the instant real estate from C on November 2, 2015, and completed the registration of ownership transfer on January 18, 2016.

In addition, on January 21, 2016, the Plaintiff sent to the Defendant a content-certified mail that refuses to renew the instant lease agreement, and at that time the said mail reached the Defendant.

F. As of the closing date of pleadings in the trial of the political party, the Defendant occupies each of the instant real estate.

[Ground of recognition] The facts without any dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 6-1, 2, 3, and Eul evidence 3, and the purport of the whole pleadings

2. Determination as to the cause of action

(a)as to the request for extradition;

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