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(영문) 전주지방법원 남원지원 2018.10.10 2017가단11408
건물등철거
Text

1. The defendant shall be the plaintiff.

A. The reference point in the appraisal map (attached Form 2) of 632 square meters in Jeonbuk-gun, Jeonbuk-gun, is also indicated 11 to 16.

Reasons

1. Basic facts

A. On September 4, 2015, the Plaintiff entered into the instant lease agreement with the Defendant as the owner of each real estate listed in the list (attached Form 1), and entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the part of the restaurant [the summary location is the same as the part in the ship (hereinafter “instant building”) connected each point in the table A through (d) and (a) of the building listed in paragraph (4) (hereinafter “instant building”) with the Defendant during the lease deposit period of KRW 10,000,000, monthly rent of KRW 2,000,000 (payment on September 15), the lease period of KRW 7, 2015 to September 7, 2020 (hereinafter “instant lease agreement”).

Article 3 of the instant lease agreement provides that “The lessee shall not change the purpose or structure of the lease of this case without the lessor’s consent.”

B. At the time of the conclusion of the instant loan agreement, the Plaintiff entered into a loan agreement with the Defendant for use (hereinafter “instant loan agreement”) that permits the Defendant to use the portion of the warehouse (a) part of the second floor of the instant building (a) connected with each of the items (a) through (d) and (1), without setting a separate period, among the two floors of the instant building (attached Form 3), the Defendant without compensation, to use the said portion of the warehouse (hereinafter “the portion of the instant loan for use”).

C. The Defendant’s operation of the restaurant and the installation of a coolinghouse 1) After entering into the instant lease agreement, the Defendant operates the restaurant in the leased part of this case until now, and the portion of the instant loan for use is occupied and used as a resting room necessary for the operation of the said restaurant. 2) The Defendant is holding and using the leased part of this case as a resting room (attached Form 1 2) around September 2015 and around March 2016 (attached Form 1 / [Attachment 2] among the land indicated in paragraph (2) of the instant lease, which was operating the restaurant in the instant lease area, and connected each point of (b) part (B) and (3) of the land (attached Form 1 / [Attachment 2] with reference to reference, and each part of the land listed in paragraphs (2) and (3) [Attachment 2] with reference to reference.

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