(영문) 대전지방법원 2016.10.28 2016가합534

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(영문) 대전지방법원 2016.10.28 2016가합534

건물명도 등

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1. The part concerning the claim for the cancellation of business registration among the instant lawsuit is dismissed.

2. The defendant,

A. From the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building listed in the attached Table 1 list (hereinafter “the instant telecom”). The said building is being used as a mutual telecom with “Curel.”

B. On September 3, 2015, the Plaintiff entered into a lease agreement with the Defendant to pay KRW 200,000,000, monthly rent of KRW 12,100,000 (including the payment on September 15, 2015, and the lease period of KRW 15,000 for the instant cartel (including the surtax), from September 15, 2015 to September 14, 2017, and to pay KRW 20,000 on the date of the contract, and at the same time upon receiving the payment of KRW 130,00,000 for the intermediate payment of KRW 130,000 on September 15, 2015, and at the same time, to pay the remainder of KRW 50,00,000 (hereinafter “instant lease agreement”).

C. The Defendant paid the Plaintiff the down payment of KRW 20,000,000 on the day of the contract, and the intermediate payment of KRW 130,000,000 on September 15, 2015, and received the instant cartels. Around that time, the Defendant has completed business reports and business registration, such as the attached list 2, and is running the telecom business until now.

The Defendant did not pay the remainder to the Plaintiff KRW 50,000,000, and did not pay the remainder after paying only the first rent once.

E. On February 29, 2016, the Plaintiff filed the instant lawsuit seeking the order of the instant her mother, premised on the termination of the instant lease agreement.

The duplicate of the instant complaint was served on June 22, 2016 on the Defendant.

[Reasons for Recognition] Uncontentious Facts, obvious facts in records, entry of Gap evidence No. 2, purport of the whole pleadings

2. On the ground that the instant lease contract was terminated, the Plaintiff is entitled to seek the implementation of the procedure for cancellation of the registration of the business as stated in attached Table 2(2) against the Defendant.

We examine ex officio the legitimacy of this part of the lawsuit.

(1) A person who starts a new business shall be allowed to do so within 20 days from the date of commencing the business at each place of business.

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