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(영문) 전주지방법원 2017.05.26 2016가단22167
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From April 20, 2017, KRW 5,150,00 and KRW 5,00.

Reasons

1. Basic facts

A. On February 20, 2014, the Plaintiff’s agent C entered into a lease agreement with the Defendant on February 20, 2014, with respect to the real estate listed in the separate sheet (hereinafter “instant building”), with the content that the lease deposit is KRW 5 million, KRW 600,000,000 for monthly rent, and the contract term of three years for the contract (at least three times, a contract for unpaid monthly rent shall be null and void).

B. 1) On April 25, 2014, the Defendant paid KRW 500,000,000 to KRW 5 million of the lease deposit. 2) On April 25, 2014, the Defendant changed the use of KRW 65.08 square meters of the instant building into a Class II neighborhood living facility (general restaurant), and borne KRW 650,00 of the cost.

3) The Defendant carried out a construction project to carry on the business in the instant building and carried out a rooftop waterproof construction project of the instant building (However, the Defendant claimed that the Defendant spent KRW 3 million at the cost of waterproof construction, while the Plaintiff’s claim was limited to KRW 1.5 million at the cost of waterproof construction.

C. C. On March 20, 2016, the Defendant did not pay the monthly rent to the Plaintiff on March 20, 2016, and did not pay the monthly rent even thereafter.

2) On May 24, 2016, the Plaintiff’s agent C notified the Defendant of the purport that “the lease contract shall be terminated as the Defendant did not pay monthly rent at least three times in arrears.” [The fact that there is no dispute over a part of the grounds for recognition, entry in the evidence Nos. 1, 2, and 3, and the purport of the entire pleadings.”

2. Determination

A. According to the facts of the above recognition as to the claim for delivery of a building, the Defendant’s lease agreement entered into with the Plaintiff on February 20, 2014, which entered into with the Plaintiff, was lawfully terminated on May 24, 2016, with the Defendant’s declaration of intention that “the contract is terminated on the grounds of the Defendant’s delinquency in payment of monthly rent.”

(F) The Defendant is obligated to deliver the instant building to the Plaintiff, as well as to deliver the instant complaint to the Defendant, which stated the same purport.

As to this, the defendant has the intention to waive the operation of the store to the plaintiff.

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