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(영문) 서울서부지방법원 2015.11.26 2014가단257403
건물명도
Text

1. The Defendant (Counterclaim Defendant) indicated the Plaintiff (Counterclaim Defendant) on the attached Form 1’s first floor of the real estate indicated in the list.

Reasons

1. Facts of recognition;

A. On February 20, 2008, the Plaintiff leased (hereinafter “instant lease agreement”) 69.42 square meters on the part (Ga) of the attached Table 2, among the real estate first floor listed in the attached Table 1, to Defendant B, by setting the deposit amount of KRW 30 million, monthly rent of KRW 1.7 million, and the period from February 29, 2008 to February 28, 2013 (hereinafter “instant lease agreement”); Defendant B began business from that time to “D, etc.” in the instant store.

B. As Defendant C’s wife, Defendant C is running a business with Defendant B with the trade name “E” at the instant store.

C. The instant lease agreement was implicitly renewed, and the period expired on February 28, 2015.

[Ground of recognition] Unsatisfy, Gap's entries in Gap's 1 and 2, the purport of the whole pleadings

2. Judgment on the principal lawsuit and counterclaim

A. According to the above fact-finding that the instant lease contract expired on February 28, 2015, the Defendants are obligated to deliver the instant store to the Plaintiff, barring special circumstances.

B. (1) The Defendants asserted that they leased the instant store and paid KRW 90,000 to the former lessee the premium of KRW 28,180,000,000, around July 2008, and KRW 8,100,000 around August 201, and KRW 36,195,700 around September 201.

또한 원고의 동의를 얻어 전기공사, 폴딩도어, 바닥타일공사, 주방 고압력 후드공사, 주방배관공사, 전면샷시, 외부창고, 화장실공사를 하여 이 사건 점포의 객관적 편익을 가져왔다.

Therefore, not only has the right to possess the store of this case until the plaintiff received reimbursement of the above costs, but also has the right to purchase the attached article with respect to the part which brought objective conveniences for the store of this case as the counterclaim of this case with the said electrical construction, etc. and the plaintiff.

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