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(영문) 대전지방법원 2016.06.28 2015가단30357
건물명도등
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 8,744,624 and KRW 5,004,624 among them, the Defendant (Counterclaim Defendant) from February 26, 2016.

Reasons

1. Basic facts

A. On April 2, 2014, the Plaintiff and the Defendant leased the instant real estate to the Defendant from April 25, 2014 to April 25, 2016, and the Defendant paid the Plaintiff deposit amounting to KRW 20,000,000, monthly rent of KRW 1,500,000 (excluding value-added tax, prepaid on April 25, 201), and concluded a lease agreement that does not recognize the premium (hereinafter “instant lease agreement”).

Around that time, the Defendant paid KRW 20,000,000 to the Plaintiff, and received delivery of the instant real estate from the Plaintiff, and operated a restaurant with the trade name “C” from the instant real estate.

B. After paying to the Plaintiff the monthly rent that should be paid in advance on August 25, 2014, the Defendant paid to the Plaintiff KRW 1,500,000 on October 29, 2014.

C. On April 20, 2015, the Plaintiff notified the Defendant that the instant lease contract will be terminated unless it is performed by demanding the Defendant to pay the monthly rent, and the said notification reached the Defendant around that time.

On April 24, 2015, the Defendant paid KRW 3,000,000 to the Plaintiff as monthly rent.

E. On October 6, 2015, the Defendant reported in the official gazette that the instant real estate was closed, and the administrator of the instant building to which the instant real estate belongs gave prior notice that the instant real estate was shut down on October 20, 2015, and the Defendant, on March 3, 2016, sent the key to the entrance door of the instant real estate to the Plaintiff.

F. The Defendant did not conduct business in the instant real estate at the time of the closing of the argument in the instant case.

However, at the time of the closing of the instant case, the instant real estate has been used by the Defendant as well as the instant heating and cooling equipment, such as the receipt book, lives, and cups used by the Defendant.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 6, 7 evidence, Eul 12 to 15 evidence (including paper numbers), Gap 14 and 15 evidence (including each number), all of the pictures and arguments.

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