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(영문) 광주지방법원 2018.06.26 2017가단27803
건물명도 등
Text

1. The defendant points out 1, among the 1st floor of the building listed in the attached list, each of the annexed drawings 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

A. On November 20, 201, the Plaintiff entered into a lease agreement with the Defendant on the lease term of 102 square meters (hereinafter “instant lease agreement”) up to November 19, 201, between the Plaintiff and the Defendant on the first floor of the building listed in the separate sheet owned by the Plaintiff and the Defendant, which successively connects each point of Section 1, 2, 3, 4, 1, and 50 square meters inside the ship (hereinafter “instant 102”) which is owned by the Plaintiff to the Defendant, until November 19, 2013, the lease agreement was concluded for the lease term of KRW 5 million, and monthly rent 4,500,000 (hereinafter “instant lease agreement”). After the expiration of the term, the said agreement was implicitly renewed

B. After renting 102 of the instant case, the Defendant installed a container warehouse of 6 square meters in size on the immediate side of the instant case (hereinafter “instant container”), and the head of Gwangju Metropolitan City head issued an order to remove the instant container on the ground that the instant container was illegally expanded and was illegally installed. After that, the Plaintiff demanded the removal of the container to the Defendant on March 2017.

C. Around September 22, 2017, the Defendant did not remove a container, the Plaintiff sent to the Defendant a notice of termination of the lease agreement on the grounds that the Defendant did not take measures to remove the container, and the said notice reached the Defendant on November 11, 2017.

The defendant has not removed the container of this case until now.

[Ground of recognition] Facts without dispute, Gap 4, 6, 9 evidence, the whole purport of the pleading

2. Determination on the cause of the claim

A. Under a lease agreement, the lessee is obliged to use the leased object to prevent damage to the lessor. Therefore, if the instant container installed by the Defendant, as the lessee, was ordered by an administrative agency to remove the container as it falls under an illegal expansion, and the lessor requested the lessee to remove the container, the Defendant accepted the Plaintiff’s request so that the lessor does not incur damage to the Plaintiff.

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