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(영문) 청주지방법원제천지원 2016.05.19 2015가단3323
건물인도
Text

1. The plaintiff's claim against the defendant is all dismissed.

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

Reasons

1. Basic facts

A. On October 6, 2010, C leased the instant store to the Defendant, and the Defendant operates the instant store with the trade name “D” at the instant store from that time.

B. On June 9, 2013, the Plaintiff purchased the instant store from C and completed the registration of ownership transfer on June 27, 2013. On June 26, 2013, the Plaintiff succeeded to the said lease agreement between C and the Defendant, and the Defendant specified the instant store as KRW 10,000,000, monthly rent, KRW 500,000, and the term of lease from June 26, 2013 to October 6, 2014 (hereinafter “instant lease agreement”); and in the column of the special agreement on the said lease agreement, the Plaintiff stated that “a lessee shall promptly return the instant store upon a request for return due to the expiration of the term.”

C. On September 30, 2014, the Plaintiff: (a) leased the instant store to the Defendant with a deposit of KRW 10,000,000, monthly rent of KRW 500,000; and (b) from September 30, 2014 to September 30, 2015 (hereinafter “instant lease agreement”); and (c) in the column for the special terms and conditions of the said lease agreement, the Plaintiff stated that the lessee shall promptly return the instant store to the Defendant upon the expiration of the period of validity.

On September 30, 2015, the Plaintiff notified the Defendant of the following contents:

Title : Notice of termination following the termination of the lease agreement and certification of details related to the surrender of life

2. (Partial omitted) On September 30, 2015, as of the expiry date of the lease term, the principal notifies the principal of the termination date of the lease term through the proof of the content that the contract has no intention to extend any longer, and at the same time, the contract will be terminated by the date of termination of the contract, and by the date of termination of the contract, the principal notifies the principal of the order and the principal of the payment of the lease deposit at the same time as his name.

3. The delivery of this Certificate shall set the lease period of five years under the Lease Protection Act, and the lease period of one year prior to September 30, 2014.

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