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(영문) 대전지방법원천안지원 2019.02.12 2017가단112160
건물명도(인도)
Text

1. The defendant delivers each building listed in the separate sheet to the plaintiff, and from January 1, 2019 to the above building.

Reasons

1. Basic facts

A. On October 14, 2014, the Plaintiff purchased each of the instant buildings listed in the separate sheet (hereinafter “each of the instant buildings”) and acquired ownership thereof. On December 16, 2014, the Plaintiff concluded a lease agreement between D and D on a deposit deposit of KRW 30 million with respect to each of the instant buildings, monthly rent of KRW 320,000 (excluding value-added tax), and from December 14, 2014 to December 13, 2015, and D operated a restaurant under the trade name “E” from the instant building.

B. On September 25, 2015, the Defendant entered into a real estate right transfer contract with D to acquire the right to the business and facilities of the above restaurant in premium 45 million won, and paid D KRW 45 million on September 25, 2015, and KRW 45 million on October 13, 2015.

C. On October 13, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 30 million, monthly rent of KRW 3.4 million, and the lease agreement between November 1, 2015 and October 31, 2016 with respect to each of the instant buildings (hereinafter “F”), and around that time, the Defendant transferred each of the instant buildings from the Plaintiff and operated a restaurant in the name of “F.”

On August 17, 2016, the Plaintiff entered into a lease agreement with the Defendant to increase the monthly rent of the instant lease agreement to five million won (excluding value-added tax) and to renew the lease period from November 1, 2016 to October 31, 2017.

E. On August 16, 2017, the Plaintiff sent to the Defendant, on October 31, 2017, a certificate of content that the lease contract can be renewed on the condition that the monthly rent is increased to 6 million won (excluding value-added tax) as the lease term expires. Accordingly, on August 21, 2017, the Defendant would only increase the monthly rent to 6 million won (excluding value-added tax) under the condition that the lease contract is renewed to the Plaintiff on August 21, 2017. Therefore, the Plaintiff is demanding to reduce the monthly rent to 4 million won.

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