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(영문) 부산지방법원 2015.08.20 2015가단35511
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) Appendix 1, 2, 3, 4, 5, 6, and 1., among the buildings listed in the separate sheet, each of the following:

Reasons

1. The following facts are acknowledged if there is no dispute between the parties to the judgment as to the claim, or if the purport of the entire pleadings is added to the statements in Gap evidence Nos. 1, 2, and 5. In full view of these facts, the defendant has the obligation as stated in the order

On June 191, the Plaintiff leased to the Defendant a deposit amount of KRW 10,000,000, monthly rent of KRW 700,000, and the lease period of KRW 24 months on the part of toilet 5.46 square meters (hereinafter “instant real estate”) connected in order to each point of the attached Form 38.61 square meters, which is part of a store in the part of the 4th floor of the Busan Northern-gu D steel reinforced concrete and brick structure roof 4 floor neighborhood living facilities and housing, 38.61 square meters in the part of the attached Form, which is a part of the 38.61 square meters in the location of the store, 38.61 square meters in the location of the same drawings, 8.

B. The plaintiff set a monthly rent at a lower rate after the above lease agreement and continued to maintain the above lease agreement, but from October 2005, the plaintiff determined monthly rent of KRW 400,000 (the monthly rent of KRW 400,000 lease contract was drafted as of October 20, 2006) and reached the present rate.

C. On June 30, 2015, the monthly rent that the Defendant did not pay to the Plaintiff by June 30, 2015 under the above lease agreement is equivalent to KRW 34 million exceeding the total rent, and the Plaintiff’s petition for correction of the purport of the claim and ground for correction, which contain the Plaintiff’s declaration of intent to terminate the said lease on the ground that the monthly rent was unpaid, reaches the Defendant on July 17, 2015.

C. The Defendant, as indicated in the text, has carried a trade name “C” and carried on the business while occupying and using the instant real estate.

2. Determination on the Defendant’s assertion

A. On October 20, 2014, the Defendant entered into a lease agreement between KRW 10,000,000, monthly rent of KRW 400,000, and the Defendant’s assertion that there was no shortage of monthly rent under the said lease agreement, but there is no evidence to acknowledge it.

B. The Defendant, as of October 20, 2016, prepared a lease agreement on the instant real estate, and thus, did not have any obligation to comply with the Plaintiff’s request. However, the Defendant asserted that there was no obligation to

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