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(영문) 인천지방법원부천지원 2015.04.10 2014가단46411
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) received KRW 22,00,000 from the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant).

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;

No lessee, such as change of use and sub-lease, etc., shall change the use or structure of the store of this case, transfer the sub-lease, lease or provide security, and use it for purposes other than those of lease without the consent of the lessor

Where a lease contract is terminated under Article 5, the lessee shall restore the store of this case to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall remove it and refund the balance.

Lease contract for the current facilities and store conditions of special agreement. The lessor does not recognize the facilities and premiums.

A. On January 29, 2009, Nonparty B, the owner, entered into a lease agreement with the Defendant on a deposit of KRW 22,00,000, monthly rent of KRW 1,600,000 (in addition, the last day of each month: the rent of KRW 1,60,000 (the last day of each month) with respect to the instant store, and from January 29, 2009 to January 28, 201 (hereinafter “instant lease agreement”), and leased the instant store to the Defendant.

The main contents of the instant lease agreement related to the instant case are as follows.

B. On May 30, 2014, the Plaintiff entered into a sales contract for the buildings listed in the attached Table 1 from B, and the same year.

6. 30. The registration of ownership transfer was completed on the above building.

C. On July 15, 2014, on the 18th of the same month, the Plaintiff sent each content-certified mail containing the intent to refuse to renew the contract upon the Defendant’s request on the 22th of the same month and the 29th of the same month, and each of the above items was delivered to the Defendant around that time.

As of the date of closing argument in the instant case, the Plaintiff was paid monthly from the Defendant to March 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 include each number.

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