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(영문) 서울동부지방법원 2015.01.21 2014가단22322
건물명도
Text

The defendant is indicated in attached Form 1(1) in attached Form 1(2), Section 2(3), Section 4(4), and Section 1(1).

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the separate sheet (1). The Defendant is the lessee of the portion 6.12 square meters in the ship (hereinafter “instant store”) that connects each point of the attached sheet (1), (2), (3), (4), (4) and (1) among the above real estate in sequence.

B. On October 19, 201, the Defendant concluded a lease contract with C and three other parties (including lease period: 24 months from October 27, 2011; 23 million won as deposit; 2.2 million won as monthly rent (including additional tax)) with the name of “D” at the instant store. On July 2, 2003, the Defendant entered into a lease contract with the Plaintiff for the instant store with the term of lease as of October 26, 2013.

C. On October 25, 2013, the Plaintiff concluded a lease agreement with the Defendant regarding the instant store (hereinafter “instant lease agreement”) with the following terms and conditions as to the instant store.

Deposit: Period of lease of KRW 23 million, monthly rent of KRW 2 million: From October 27, 2013 to April 26, 2014, the lessee under Article 4 may be reconstructed or altered with the approval of the lessor, but the lessee shall bear all the expenses to be restored to the original state in the name city of the object under the contract.

Section 6. Re-building of the leased real estate shall refer this leased real estate to the lessor within three months from the date of receipt of notice of re-building without any condition.

On January 25, 2014, the Plaintiff notified the Defendant of the purport that the Plaintiff’s building, including the instant store, (hereinafter referred to as “instant building”) will remain worse and be reconstructed into a new building by removing all buildings from June 1, 2014. As such, the Plaintiff notified the Defendant of the purport that he/she would seek an order from the instant store until May 15, 2014. On March 17, 2014, the term of the instant lease contract expired, and the instant building was proved to the effect that he/she would refuse to renew the contract for remodeling the instant building.

(e).

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