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(영문) 전주지방법원 2016.03.23 2015가단1286
건물인도 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) received KRW 50 million from the Plaintiff-Counterclaim Defendant A at the same time.

Reasons

1. Basic facts

A. On July 25, 2012, the Plaintiffs acquired one half of the shares of co-ownership of the instant building.

B. On October 22, 2012, Plaintiff A leased the instant leased portion to the Defendant as of October 21, 2012, with the lease deposit amounting to KRW 50 million, KRW 1 million per month, and the lease period from October 22, 2012 to October 21, 2014.

(hereinafter referred to as “instant lease contract”). (c)

On July 21, 2010, the Defendant: (a) leased the instant leased part from E, the owner of the instant building, KRW 60 million at the time of the instant building; (b) KRW 1 million monthly rent; and (c) from August 10, 2010 to August 9, 2012, the lease period was from August 10 to August 201, 2012 (a lease agreement entered into by the lessee as F, but there is no dispute between the parties to the lease agreement and the Defendant; (c) but (d) concluded the instant lease agreement after the Plaintiffs acquired the instant building.

Plaintiff

A On September 26, 2014, the Defendant sent to the Defendant a written statement to the effect that the term of lease may be extended by August 9, 2015 on the condition that the instant lease contract is terminated at KRW 2.5 million. On October 22, 2014, the Defendant asked the Plaintiff to renew the instant lease contract from October 21, 2012 to October 21, 2017.

E. From July 21, 2010 to the date of the closing of argument in the instant case, the Defendant has operated the rice tea house with the trade name G from July 21, 2010.

F. The fact that the instant lease contract was terminated on October 21, 2015 at the latest is no dispute between the original and the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination on the main claim

A. According to the facts found in Paragraph 1, the instant lease agreement was terminated due to the expiration of the period on October 21, 2015, at the latest.

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