(영문) 부산지방법원 2017.01.17 2016가단316828

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.01.17 2016가단316828

건물명도

Text

1. The Defendant received KRW 80,000,000 from the Plaintiff at the same time, and simultaneously received the payment from the Plaintiff:

(a) the real estate listed in the Appendix 1;

Reasons

1. Facts of recognition;

A. On February 25, 2004, through a building administrator C, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 30 million, monthly rent of KRW 1.5 million, and KRW 24 months with respect to the portion (Ga) size 92 square meters in the attached Table 1 attached hereto, which connects each point of the real estate indication 1, 2, 3, 4, 5, 6, and 1 as indicated in the attached Table 1, which is owned by the Plaintiff, with the Defendant, and then delivered the said store to the Defendant.

Since then, the above lease contract has been renewed. On March 29, 201, the original defendant entered into a new lease contract with a deposit of KRW 70 million, monthly rent of KRW 1.2 million, and the lease term of 12 months (hereinafter “instant lease contract”) and has been renewed.

B. In addition, around July 31, 2006, the Defendant entered into a lease agreement with the above building manager C on the part (B) part (29.6m2) of the attached Table 29.6m2 (hereinafter “instant warehouse”) connected each point of the real estate indication 8,9,10,11, and 8 as indicated in the attached Table 2 with the above building manager C at the expense of the Defendant, and received the above warehouse delivery.

C. After that, on August 31, 2015, the Plaintiff notified the Defendant that each of the instant lease agreements will be terminated on March 30, 2016, instead of renewal thereof.

[Ground of recognition] The absence of dispute, Gap's evidence 1 through 5, Eul's evidence 4, the financial transaction information reply to Busan Bank Co., Ltd., and the purport of the whole pleadings

2. Determination:

A. According to the facts of the judgment on the cause of the claim, each of the lease agreements on the store and warehouse of this case, which the plaintiff concluded with the defendant through his agent C, was terminated by the plaintiff's lawful termination notification. Thus, the defendant is obligated to deliver the store and warehouse of this case to the plaintiff, barring special circumstances.

B. On the part of the defendant's argument, the defendant is about 1.

유사 판례

-인천지방법원부천지원 2015.02.11 2014가단26332

-서울서부지방법원 2017.12.12 2017가단213039

-광주지방법원 2017.12.06 2016가단12231

-서울중앙지방법원 2016.06.28 2016가단5004573

-서울중앙지방법원 2018.04.10 2016가단5089116