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(영문) 대구지방법원 2019.11.29 2018가단26304
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. Of the real estate listed in the attached Table 1, one story of 343.34 square meters and two stories of 344.46 square meters shall be handed over, among the real estate listed in the attached Table 1, and the same shall apply.

Reasons

1. Basic facts

A. On January 30, 2018, the Plaintiff concluded a lease agreement between the Defendant and the Defendant for the entire first floor of the real estate listed in the attached Table 1 (hereinafter “instant building”) with the term of KRW 100 million (on July 30, 2018), KRW 300,000 per month of rent (in addition to value-added tax, May of each month), and the term of lease from April 5, 2018 to April 5, 2021.

The terms and conditions of the above lease agreement are as follows:

1. No premium, facility cost, etc. shall be requested for all, and no claim shall be made to a lessor under any pretext;

2. The existing facilities shall be restored to their original state, if the lessor so wishes.

3. Causers' contributions and environmental improvement contributions incurred by the occupation occupants in the relevant industry shall be paid by the lessee, and the lessee shall bear taxes necessary for the building;

4. The signboards set up on the third floor shall be removed immediately at the request of the lessor; and

one person C

5. The rent shall be the fifth day of each month and shall be on the fifth day of each month and the value added tax shall be separately imposed;

B. On January 30, 2018, the Plaintiff: (a) KRW 100 million for the second floor of the instant building; (b) KRW 10 million for the down payment among the security deposit; (c) KRW 10 million for the intermediate payment of KRW 10 million on January 31, 2018; and (d) KRW 80 million for the remainder payment of KRW 80 million on February 30, 2018; and (c) concluded a lease agreement that stipulates the term of the lease from April 5, 2018.

On January 31, 2018, the Plaintiff prepared a lease agreement with the Defendant and the second floor of the instant building with the same content as above, in which the term of lease is vacant.

C. On January 31, 2018, the Plaintiff received down payment of KRW 10 million among the deposit for the second floor of the instant building, and KRW 10 million among the deposit for the first floor of the instant building on March 28, 2018.

On May 21, 2018, the Defendant registered the first floor of the instant building as the location of the building, and registered the type of the business as “E” with the trade name of “E” as the wholesale and retail business of fishery products, and D on May 24, 2018.

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