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(영문) 제주지방법원 2018.05.29 2017가단9090
점포명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver a book-to-door retail store of the first floor among the real estate listed in the attached Form 1, 66 square meters;

B. Attached 2.

Reasons

1. Indication of claim;

A. On February 12, 2016, the Plaintiff, the owner of the real estate indicated in the attached Table 1, leased the lease deposit of KRW 7 million, KRW 13 million per annum, and KRW 13 million per annum from February 12, 2016 to the Defendant on a fixed basis (hereinafter “instant lease contract”). On February 12, 2016, the Defendant filed a business report on the instant store (hereinafter “instant business report”) as indicated in the attached Table 2, and operated the “C” restaurant from February 12, 2016 to February 12, 2016.

B. The instant lease agreement was renewed on February 12, 2017 by extending the term of lease to one year. The Defendant continued to operate the instant store without paying the Plaintiff a car, and suspended its business on September 4, 2017.

C. The Defendant did not pay a rent continuously, but failed to pay public charges, such as gas, electricity, and water charges on the instant store for a considerable period. The Defendant’s creditor planned to proceed with auction on corporeal movables in the instant store. The Defendant discontinued its business at the instant store and even after it was not possible to resume its business. Thus, it is an act of worship that destroys trust between the parties to the extent that it is no longer difficult to continue the lease, which is a continuous legal relationship based on the party’s trust. Thus, the Plaintiff’s termination of the instant lease by delivery of a duplicate of the instant complaint.

Therefore, inasmuch as the instant lease contract was terminated on the grounds of the Defendant’s nonperformance, the Defendant is obligated to deliver the instant store to the Plaintiff and perform the procedure for reporting the closure of the instant business report.

In addition, from February 12, 2017, the Defendant, from February 12, 2017 when the instant lease contract was renewed, was the day immediately before the date when the Defendant ceased to conduct its business at the instant store.

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