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(영문) 광주지방법원 2017.07.04 2016가단520862
건물인도
Text

1. The Defendant (Counterclaim Plaintiff) is the Plaintiff (Counterclaim Defendant) with the indication of the attached drawings among the second floor of the building indicated in the attached list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

가. 원고들은 2014. 4. 2. 피고와 사이에 원고들 공유인 별지 목록 기재 건물(이하 ‘이 사건 건물’이라 한다)의 2층 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥, ㉠의 각 점을 순차로 연결한 선내 ㉮부분 469㎡(이하 ‘이 사건 점포’라 한다)를 임대차보증금 50,000,000원, 월 임료 6,600,000원, 기간 2014. 6. 1.부터 2015. 8. 31.까지로 하여 임대하는 임대차계약을 체결하였다

(The above lease agreement was explicitly renewed between the parties by August 31, 2016, and (hereinafter “the instant lease agreement”). (B)

On May 30, 2016, the Plaintiffs had no intent to renew the instant contract to the Defendant on the expiration of the instant lease term, and requested the Defendant to deliver the instant store after restoring the said store to its original state by August 31, 2016.

C. Meanwhile, on July 28, 2016, Seo-gu, Gwangju Metropolitan City: (a) extended the first floor of the instant building to the Plaintiffs without permission; (b) notified the Plaintiffs to submit their opinions in order to impose enforcement fines of KRW 178,589,00 on the ground that the second floor and the third floor were originally intended to be used as a warehouse; and (c) there was a violation of the purpose of using the sales facility without permission; and (d) accordingly, the Plaintiffs again notified the Defendant that enforcement fines of KRW 357,178,00 per year (i.e., KRW 178,589,000 per year) will be imposed on the Defendant on July 29, 2016 (= KRW 178,589,000 per year) and requested again to deliver the instant store at the expiration of the lease term on August 31, 20

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, the purport of the whole pleadings

2. As to the plaintiffs' assertion that they sought the delivery of the store of this case to the defendant on the grounds that the term of lease expires, the defendant asserts as follows.

The defendant shall be from six months to one month before the expiration of the lease term within the extent that the whole lease term does not exceed five years.

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