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(영문) 서울중앙지방법원 2017.06.01 2016가단5149476
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 50,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 201, the Plaintiff and the Defendant concluded a lease agreement with the Defendant, each year after the Plaintiff entered into a lease agreement to lease real estate listed in the separate sheet (hereinafter “instant store”), and concluded a lease agreement by increasing the deposit or rent as listed below, and the Defendant paid the Plaintiff the deposit and rent accordingly.

From June 25, 2012 to June 24, 2013, the lease contract for the lease period of monthly rent (including value-added tax) deposit (including the lease period): Provided, That the lease contract may be renewed under mutual agreement one month prior to the termination of the contract.

Eul evidence No. 1-4 of subparagraph 1-4 4, 2013, KRW 3.1 million from June 25, 2013 to June 24, 2014; Eul evidence No. 4 million from May 25, 2013 to June 24, 2014; and Eul evidence No. 1-1 of subparagraph 1-4 from June 25, 2014 to June 24, 2015, "No. 5 million from June 25, 2014 to June 24, 2015;

B. On March 14, 2016, the Plaintiff notified the Defendant that he would no longer conclude a renewal contract, and the Defendant, on May 4, 2016, notified the Plaintiff that “When the instant store ceases to engage in business, the Plaintiff would have incurred considerable damages, such as premium, etc., so that he/she would wish to conclude a renewal contract.” On May 16, 2016, the Plaintiff notified the Plaintiff that he/she would have not intended to conclude a renewal contract to the Defendant and would have followed legal procedures, such as filing a suit for surrender.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 3, 4, 5, Eul evidence No. 1-1 to 4, and the purport of the whole pleadings

2. The parties' assertion

A. Since the final lease contract with the Plaintiff’s assertion on the instant store was terminated at the expiration of the period, the Defendant received a deposit of KRW 5 million from the Plaintiff, and at the same time ordered the Plaintiff to order the instant store to the Plaintiff, and at the same time, it is reasonable to rent 5 million monthly from the day after the expiration of the lease period until the completion of the said life expectancy.

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