logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2017.12.14 2016가단28609
건물명도 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that the Defendant: (a) on November 7, 2011, the Plaintiff and B leased some of the buildings indicated in the attached list owned by the Plaintiff (hereinafter “instant building”) located on the Plaintiff, located on the Plaintiff’s land and part of the Yongsan-gu, Yongsan-gu, Seoul Special Metropolitan City (hereinafter “the instant land”); and (b) on the lease deposit amounting to KRW 40 million and KRW 2.5 million per month; (c) on the basis of a special agreement, the lease deposit for the instant land was set at KRW 30 million and KRW 1.3 million per month; (d) the lease deposit was set at KRW 1.2 million per month, and KRW 1.2 million per month, and KRW 1.2 million per month (hereinafter “instant lease”); (e) November 2013, and (e) November 2015, the instant lease was renewed.

The Defendant operated the business of collecting and transporting wastes from the instant land.

However, around May 2016, the Plaintiff requested the Defendant to terminate the instant lease agreement, and the Defendant accepted the Plaintiff’s request and demanded the transfer of the place of business until October 2016, but did not deliver the instant land and buildings to the Plaintiff, etc. on the ground that it falls short of the standards for civil petition and permission regarding the collection of wastes at the location of a newly fluent place of business.

On May 23, 2017, the instant lawsuit pending, the Defendant concluded a lease agreement with respect to the location of a new place of business on May 23, 2017, and removed the instant building from the said building on July 15, 2017.

However, on October 16, 2017, the Plaintiff refused to pay the deposit on the ground that the Plaintiff failed to receive the key to the instant building from the Defendant, and withdrawn the instant lawsuit by paying only a part of the deposit for lease of the instant building to the Defendant, and the Defendant consented to the withdrawal of the Plaintiff’s lawsuit on the ground that the deposit was not paid in full.

[Ground of recognition] Unsatisfy, Gap 1, 2, 3, 4 evidence, Eul 1, 4, 5 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the request for extradition, the defendant of this case.

arrow