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(영문) 대전지방법원논산지원 2017.06.15 2017가단394
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver a repair store of 98.95 square meters, among the 247.77 square meters of the building on the 1st floor listed in the attached list;

B. Doese 2016

Reasons

1. Facts of recognition;

A. 1) The Defendant entered into a lease contract, etc.) on March 20, 201, the repair store of 98.95 square meters (hereinafter “instant store”) among the 247.77 square meters of the 1st floor of the building indicated in the separate sheet from C on March 20, 201.

(2) On May 10, 2012, the Plaintiff purchased a building listed in the attached list, including the instant store, from C to May 23, 2012. On May 23, 2012, the Plaintiff drafted a real estate lease agreement with the Defendant to lease the instant commercial building as KRW 20 million, monthly rent, KRW 550,000, and KRW 24 months from March 20, 201.

(hereinafter referred to as the “instant lease contract”) between the Defendant and the Plaintiff.

1) On the premise that the lease contract of this case expired on March 19, 2013, the Plaintiff filed a lawsuit against the Defendant for the payment of unjust enrichment equivalent to the delivery and rent of the store of this case. However, the Plaintiff was sentenced to a judgment against the Defendant on the ground that the lease contract of this case was lawfully renewed by exercising the Defendant’s right to demand renewal under the main sentence of Article 10(1) of the Commercial Building Lease Protection Act, and the said judgment became final and conclusive as it is (the Daejeon District Court Decision 2013Da1849, Daejeon District Court Decision 2013Na1608). (2) The Defendant filed a lawsuit against the Plaintiff against the Plaintiff on the premise that the Plaintiff would again stop the building extended on the opposite side of the store of this case, and thus, sought damages equivalent to the cost of construction, etc. on the premise that the building was removed, but the said judgment became final and conclusive as it becomes final and conclusive.

(C) Daejeon District Court 2014Gadan21260 case, Daejeon District Court 2015Na106453 case, Supreme Court 2016Da216267 case).

The plaintiff's notification of termination is from the defendant after September 20, 2016.

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