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(영문) 수원지방법원 2016.05.18 2016가단500593
건물명도
Text

1. The counterclaim of this case shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is KRW 60,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Evidence No. 1, A2, A6, and A9-2, and the purport of the whole pleadings

A. On May 21, 2012, the Plaintiff, among the buildings indicated in C and the attached Table C, and the Bridge 1,2,3,4, and 1, connected each point in sequence with the (A) section of the attached drawing indicating 1, 2, 3, 4, and 1, the Plaintiff, on May 21, 2012, committed a telephone for filing a lawsuit with respect to the one-story 1,31.72 square meters (general restaurants) of the lightweight structure string roof (hereinafter “instant building”) for a fixed period from January 1, 2012 to December 31, 2013.

(U.S. District Court 2012 Ba26). (b)

On May 1, 2013, the Plaintiff concluded a lease agreement with the Defendant to lease the instant building to the Defendant, setting the deposit amount of KRW 60 million, KRW 3 million per month, and the period from May 15, 2013 to May 14, 2015, and agreed that the lessee shall restore the instant building to its original state and return it to the lessor when the lease agreement is terminated, and the Defendant agreed to succeed to the content of the protocol of compromise made between the former lessee C and the Plaintiff as it is.

C. At the time of entering into a lease agreement, the Defendant paid the Plaintiff a deposit of KRW 60 million and operated a restaurant with the trade name “D” after receiving delivery of the instant building.

The Plaintiff and the Defendant concluded a lease modification agreement with the term of lease from December 30, 2013 to 24 months.

2. Demand for principal lawsuit:

A. According to the above recognition of the right to request the delivery of a building, since the lease has terminated on December 29, 2015, the Defendant is obligated to deliver the building in this case to the Plaintiff, unless there is no right to occupy the building in this case.

B. Whether the lease has been renewed (1) the Defendant’s assertion (A) and the Plaintiff agreed to renew the lease under the same conditions as the lease on a deposit basis. Even if there was no agreement to renew the lease on a deposit basis, the Defendant paid monthly to the Plaintiff and the Plaintiff paid the instant principal suit to the Plaintiff.

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