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(영문) 서울중앙지방법원 2018.06.05 2017나85810
건물명도
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall draw up a separate sheet among the first floor of the real estate stated in the separate sheet to the plaintiff.

Reasons

. A lease agreement was concluded with the terms of setting a lease agreement;

G Pursuant to the above lease agreement, the co-owners, including the Plaintiff, etc., are engaged in the fixed-point business in the instant commercial building, and the F-owned share of 1/2 of the instant commercial building was transferred to the Plaintiff, I and J on February 14, 2012, respectively.

(hereinafter referred to as “Plaintiff, etc.”) concluded a lease agreement with the Defendant on the commercial building of this case with each of the terms and conditions that the lease deposit is KRW 50,000,000, monthly rent is KRW 3,000,000, and the lease term is from June 12, 2014 to June 12, 2015 (hereinafter “instant lease agreement”). The main contents of the agreement are as follows.

Matters of special agreement

1. The facilities shall be on their present condition;

2. The instant contract entered into an extension contract with a monthly rent of KRW 400,000 without any increase or decrease in deposit.* On August 26, 201, the contract entered into an extension contract with a deposit of KRW 50,000,000, the rent of KRW 2600,000, and the rent of KRW 2600,000. * On July 25, 201, the lessee entered into a re-contract with the Defendant. On July 25, 2016, the Plaintiff et al. issued the notice of termination of the instant lease to the Defendant by content-certified mail, and around that time, the notice

Notice

2. The Plaintiff et al. concluded a lease agreement with G, and on June 12, 2014, concluded the instant lease agreement succeeding to the previous lease by succeeding the lease term to June 12, 2015 in the Defendant’s name. However, upon the expiration of the lease term, the Plaintiff et al. notified the Defendant of the termination of the contract.

3. On March 16, 2016, the Plaintiff sent a certificate of the first content upon the expiration of the lease term (see, e.g., Supreme Court Decision 201Da1548, Mar. 16, 2016). The Plaintiff asserted that the notice of termination of the contract was issued by content-certified mail to the Defendant on March 16, 2016, and submitted as evidence the evidence that the notice was issued by content-certified mail. However, contrary to the Plaintiff’s assertion, the official seal of

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