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(영문) 부산지방법원 2017.01.18 2016가합2805
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) KRW 146,977,370 and this shall be applicable thereto.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant entered the instant lease agreement in the separate sheet owned by the Plaintiff on August 1, 2012 (hereinafter “instant building”).

2) As to the lease agreement (hereinafter “instant lease agreement”), the term “lease deposit amounting to KRW 60 million, monthly rent of KRW 22 million (including value-added tax on the last day of each month), and KRW 36 months from the date of delivery of the instant building during the term of lease” is stipulated as “the lease agreement” (hereinafter “instant lease agreement”).

(2) On the same day, the Plaintiff delivered the instant building to the Defendant. Around that time, the Defendant paid the Plaintiff the lease deposit amount of KRW 60 million and operated the factory in the instant building.

3) On or after the expiration of July 31, 2015, which is the term of lease stipulated in the instant lease agreement, the instant lease agreement was implicitly renewed. (b) On the other hand, the Plaintiff and the Defendant’s actual management owner agreed to transfer all the Defendant’s shares and management rights to D, E.S. Co., Ltd. and E., Ltd., and on August 24, 2015, the instant lease agreement was concluded to guarantee that the instant lease period is two years from August 24, 2015 for the stable use of the instant building (hereinafter “instant annexed agreement”).

A) Around that time, the Plaintiff and the Defendant extended the term of the instant lease agreement to August 23, 2017. C. The Defendant did not pay the Plaintiff the rent from March 2016 to February 2016 and the electricity fee from February 14, 2016. Accordingly, on July 14, 2016, the Plaintiff sent to the Defendant a content-certified mail stating that “if the lease agreement is not paid, the Plaintiff will terminate the instant lease on the grounds of overdue rent.”

2. On July 25, 2016, the Plaintiff was not paid by the Defendant until July 20, 2016.

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