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(영문) 서울동부지방법원 2015.04.28 2014가단53791
건물명도
Text

1. The Defendant (Counterclaim Defendant) indicated the attached Form 1 among the first floor of the real estate listed in the attached list to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap evidence 1 through 6, and purport of the whole pleadings);

가. 원고는 2013. 7. 29. 피고와 사이에 별지 목록 기재 부동산의 1층 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㅅ, ㄱ의 각 점을 순차로 연결한 선내 ㈎부분 54.6㎡(이하 ‘이 사건 점포’라고 한다)에 대하여 다음과 같은 내용의 임대차계약을 재체결하였다

(hereinafter “instant lease contract”). For the purpose of use: From August 1, 2013 to July 31, 2014, monthly rent of KRW 85 million: KRW 2.6 million (excluding value-added tax, value-added tax, and value-added tax: KRW 10% of monthly rent) monthly management expenses, rent of KRW 234,000, and management expenses: By the end of each month, the rental deposit shall be deposited with the Plaintiff at interest, and the Plaintiff shall refund the rental deposit deposited by the Defendant after the completion of its obligations under each of the respective provisions of this contract to the Defendant.

In all cases, the defendant shall not claim to the plaintiff all the beneficial expenses, necessary expenses, premium, etc. for the leased object in any case, such as the reason that he was liable for self-responsibility.

The equipment, partitions, and other facilities attached to the defendant shall be removed at the expense of the defendant and the building shall be restored to its original state.

From 2014, the monthly tax shall be increased by at least 200,000 won.

(b).

On June 25, 2014, the Plaintiff did not renew the instant lease agreement to the Defendant. As such, the Plaintiff notified the Defendant that the instant store will be handed over until July 31, 2014, which is the expiration date of the instant lease agreement.

C. After the Defendant’s request, the Plaintiff extended the term of the instant lease agreement on November 30, 2014. On July 15, 2014, the Defendant prepared and issued a letter of intent to deliver the instant store to the Plaintiff by November 30, 2014.

The defendant is a trade name "Ccafeteria" at the store of this case until now.

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