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(영문) 대구지방법원 2018.02.21 2017가단114754
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 11, 2003, the Defendant entered into a lease agreement with the Plaintiff and the Defendant stating that “50,000 won per month is tea, and the lease term is from June 11, 2003 to June 10, 2008, the Defendant changed the business license on the attached list in the Plaintiff’s name (hereinafter “instant business license”) in the Plaintiff’s name to the Defendant with respect to the first floor of 263.53 square meters (Dran; hereinafter “instant dan”).

However, considering the economic situation of the plaintiff and the defendant, the defendant's annual rent every year.

6. 11. As a condition to pay in advance on a lump sum, the rent was set at KRW 5,00,000 per annum.

At the time of the conclusion of the above lease agreement, the Plaintiff and the Defendant entered into a special agreement that “All the facilities of the name city of the building shall be transferred to the Defendant, and the lessee shall not file a claim for all the facilities (right to use) with the lessor, and shall waive all the rights following the claim for facility costs. In the event that the main permission is revoked due to the illegal act of the bar business, the main permission shall be purchased at the time of the immediate issuance of the main permission.”

The Plaintiff paid only the rent to the Defendant from June 11, 2003 to June 10, 2005, and did not pay the rent from June 11, 2005 to June 10, 2008. After the expiration of the above lease term, the Plaintiff removed 4 parts, 4 parts, 4 parts, and 5 parts, and 2 parts, which were installed in the above building, from the expiration of the above lease term. After the expiration of the above lease term, the Plaintiff did not change the name of the instant business license to the Defendant.

Accordingly, the Defendant sought against the Plaintiff the implementation of the procedure to change the name of the instant business license as Daegu District Court 2012Ga7063, the Defendant, and the Plaintiff’s business license of the instant case from the date of June 11, 2005 to June 10, 2008 (the sum of the rent of KRW 500,000 per month from June 10, 2005 to June 10, 2008), and damages of KRW 20,00,000 due to unauthorized removal of musical machines, etc., and the Plaintiff’s business license of the instant case.

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