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Reasons
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(영문) 창원지방법원 2017.09.07 2016가합52791
건물명도
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1. The Defendant (Counterclaim Plaintiff) shall:

A. At the same time, the Plaintiff (Counterclaim Defendant) received KRW 150,000,000 from the Plaintiff.

Reasons

1. Basic facts

A. On July 18, 2011, the Plaintiff entered into the instant lease agreement with the Defendant and the 1st floor of the building indicated in the separate sheet (hereinafter “instant real estate”) indicated in the separate sheet (1), (2), (3), (4), (5), (6), (7), (8), (9), (1), and (396 square meters of the portion on board (a) connected in order to each point.

(3) As to the term of lease deposit, the term of the lease contract is 130,000,000 won, monthly 3,700,000 won, and the term of the lease from July 18, 201 to July 17, 2013 (hereinafter “instant lease contract”).

A) Around the above time, the Defendant paid KRW 130,00,000 to the Plaintiff, and the Plaintiff received the instant real estate and began to operate the restaurant in the name of “C”. 2) On July 18, 2013, the Plaintiff and the Defendant agreed to extend the lease term of the instant lease to July 17, 2014 and to increase the lease deposit to KRW 150,000,000 per month, and the Defendant paid KRW 20,000,000 to the Plaintiff around that time.

3) After July 18, 2014, the instant lease agreement was explicitly renewed, and the rent for the instant lease agreement was reduced to KRW 5,000,000 per month at the Defendant’s request that appeal the difficulty in operating the restaurant. (B) On April 17, 2015, the Plaintiff requested the Defendant to restore the instant lease agreement to its original state and deliver the instant real estate until July 17, 2015, and notified the Defendant that the rent would be KRW 65,000 per hour after the delivery date.

2) Accordingly, on June 15, 2015, the Defendant is entitled to the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) to the Plaintiff.

(3) On September 3, 2015, the Plaintiff notified the Defendant of the fact that the term of lease of the instant lease was guaranteed until July 18, 2016.

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