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(영문) 서울고등법원 2018.09.05 2018나2020383
건물명도
Text

1. Defendant, among the parts concerning the counterclaim of the first instance judgment, falls under the following amount ordering payment.

Reasons

1. Facts of recognition;

A. The Plaintiffs and the Defendant’s lease contract 1) On January 20, 2014, the Plaintiffs entered in the separate sheet that the Plaintiffs shared each 1/3 share of each 1/3 share (hereinafter “instant building”).

(C) part of the “C” store (hereinafter referred to as “instant store”).

(3) The lease deposit amount of KRW 30 million, monthly rent of KRW 3740,000 (including value-added tax), and the date of payment of rent by the tenth day of the following month was determined and leased by the tenth day of the following month; in the process, the term of existence, return of leased objects, etc. was agreed as follows (hereinafter “the lease of this case”).

(2) Article 2(1) of the Act provides that “The term of existence of the instant store shall be one year from the date of delivery to January 20, 2015.” Article 2(1) of the Act provides that “The term of existence of the instant store shall be one year from the date of delivery to January 20, 2015.”

In such cases, the plaintiffs shall return the security deposit to the defendant, and when there is a overdue rent or damages, they shall be removed and the difference shall be refunded.

Matters of special agreement

1. The Defendant shall, without any condition, return the instant store to the Plaintiffs at the time of the implementation of the project in the urban development project district.

4. In any case, premium and facility costs are not recognized when the lease of the instant store is terminated and ordered.

2) The Defendant paid the Plaintiffs the above lease deposit of KRW 30 million, and completed the business registration after receiving the instant store’s delivery, and thereafter, operated a restaurant in the name of “G”. (b) The progress of the housing construction project and the conclusion of the Plaintiffs’ sales contract (hereinafter “self-mining construction”) Co., Ltd. (hereinafter “self-mining construction”) has promoted the “I New Construction Project” in the H-dong area of the Yongsan-si District, including the instant building site, and obtained approval from the competent authority on May 28, 2015, and the Non-LLBD Co., Ltd. (hereinafter “GL”) shall be deemed to have obtained approval for the housing construction project plan from the competent authority on May 28, 2015.

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