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(영문) 창원지방법원 2016.07.27 2015가단80365
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) the indication of the attached drawings among the real estate listed in the attached list;

Reasons

The main lawsuit and counterclaim are also examined.

1. On January 2013, the Plaintiff, among the real estate listed in the separate sheet owned by the Plaintiff, agreed to lease part (A) of 51.91 square meters (hereinafter “instant building”) among the real estate listed in the separate sheet owned by the Plaintiff as a neighborhood living facility and the lessee was selected by the highest bid. The Defendant was the highest bidder.

On January 22, 2013, the Plaintiff and the Defendant concluded a public property lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease the instant building by setting the lease period from March 2, 2013 to March 1, 2016 (hereinafter “instant lease agreement”).

The Defendant paid to the Plaintiff KRW 5,701,980, annual usage fees of KRW 25,631,80, and management fees deposit KRW 1,071,00, and operated a coffee specialty in the trade name of the Plaintiff, which was handed over the instant building.

On March 31, 2014, the Defendant notified the Plaintiff that he would waive the instant lease agreement, and the Plaintiff notified the Defendant of the termination of the instant lease agreement as of April 1, 2014.

On April 11, 2014, the Defendant discontinued the business of the instant building.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, witness D's testimony, purport of whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s instant lease agreement was terminated on April 1, 2014, the Defendant is obligated to deliver the instant building to the Plaintiff and pay unjust enrichment or damages equivalent to the overdue rent and rent.

B. The Defendant requested the Plaintiff to reduce or exempt the rent for the year 2014, and the employee in charge of the Plaintiff is unable to reduce the rent, but it is formally notified that it is possible to terminate the instant lease contract and renew the contract with a low rent through retender.

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