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(영문) 제주지방법원 2019.02.15 2018나11848
건물명도(인도)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 2, 2014, the Defendant entrusted the operation and management of the building listed in the attached list owned by Jeju Special Self-Governing Province to the Plaintiff, on the following grounds: (a) the instant right to operate the instant e-mail located in the first floor C History of the said building (hereinafter “the instant e-mail”); (b) leased the right to operate the e-mail from KRW 1 million to KRW 300,000,000 monthly rent; and (c) from July 2, 2014 to December 31, 2014, the Plaintiff operated the e-mail in the instant e-mail.

B. On January 1, 2017, the above contract was renewed every year after the expiration of the above period, and the Defendant planned the construction of the instant rain or facility repair works employed in the year 2017, and entered into a contract with the Plaintiff on January 1, 2017 with the deposit and monthly rent as they are, and the period from January 1, 2017 to the “date immediately before the instant rain or repair works” (hereinafter “instant contract”).

C. On July 3, 2017, the Plaintiff withdrawn from the instant complaint to ensure that the Defendant can perform the instant construction of the instant rain or facility repair works, and the Defendant commenced construction of the instant private rain or facility repair works on July 4, 2017.

On August 2, 2017, the Defendant sent to the Plaintiff, on July 3, 2017, a letter-certified mail (Evidence No. 6) to the effect that “The Plaintiff delivered the instant complaint to the Defendant on the expiration of the instant contract, so that the Defendant could return KRW 1 million to the Plaintiff, without any contact, the said deposit will be deposited.” This content-certified mail (Evidence No. 6) was sent to the Plaintiff to the effect that “The Plaintiff sent to the Plaintiff a letter-certified mail (Evidence No. 6) to the effect that the lease was terminated at the expiration of the period, and that the said deposit was deposited to the Plaintiff on September 6, 2017 by having the Plaintiff as the deposit recipient.

E. On September 13, 2017, the instant private letter or facility repair works resumed its business from September 16, 2017, and the Defendant, through open recruitment, determined the right to operate the instant letter or facility from September 16, 2017 to December 31, 2018.

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