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(영문) 부산지방법원 2015.08.28 2014가단91071
전세보증금
Text

1. The defendant completed the annexed building from the plaintiff as Busan District Court No. 3607, Feb. 17, 2009.

Reasons

1. Facts of recognition;

A. On February 16, 2009, the Plaintiff leased three floors (hereinafter “instant building”) from the Defendant, among the buildings listed in the attached Form, from the Defendant, up to KRW 200 million, monthly rent of KRW 300,000 (excluding value-added tax of KRW 300,000), management expenses, and period from February 18, 2009 to February 17, 201. Around that time, the Plaintiff leased the three floors (hereinafter “instant building”) to the Defendant, with the lease deposit of KRW 200,000,000,000, monthly rent of KRW 300,000,000,000,

B. Even after the expiration of the lease term on February 17, 2011, the Plaintiff continued to use and take profits from the instant building, and the said lease term was implicitly renewed due to the Defendant’s failure to raise an objection thereto.

C. On January 15, 2014, the Plaintiff sent to the Defendant a certificate of the content that the said lease was terminated on February 14, 2014, requesting the Defendant to refund KRW 200 million by March 14, 2014, and served to the Defendant around that time.

On March 10, 2014, the Plaintiff contracted the removal of the instant building to C on March 10, 2014 for the purpose of restoring the said building to its original state.

E. C employed the husband on March 11, 2014 and started the removal work inside the above theater. On March 12, 2014, the following day, the Defendant sought and stated to the effect that “A lessee needs to enter the area already removed, and thus, it is necessary for the lessee to enter the area later, and thus, the area has not yet been removed, such as ceiling, wall, floor, toilet, division room, etc., excluding guest seat and stage part, is, as it is, tax base assessment.”

C even on March 13, 2014, the Defendant did not remove any part again to the Lao Defendant, and the Defendant stated to the purport that C “I would ask the Defendant to the third floor (the instant building) of the first floor restaurant, so that I would ask the said person,” and that the said first floor interior licensee “I would not remove most of the following tenants, because I would like to move to the age club.”

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