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(영문) 대구지방법원 2015.04.21 2014가단126121
건물인도
Text

1. From 46,400,000 to 46,400 won, the Defendant shall deliver the real estate listed in the separate sheet from March 10, 2015 to the completion date of delivery of the real estate.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant building”).

The defendant leased the building of this case from October 10, 203 to renew the lease agreement every year every year, and the first floor is used as a restaurant, and the second floor is used as a house.

B. Around October 2013, the Plaintiff concluded a lease agreement with the Defendant for the lease deposit amounting to KRW 50 million, monthly rent of KRW 1.8 million, and the lease period from October 10, 2013 to October 10, 2014.

C. The above lease contract provides that "if a lease contract is terminated, the lessee shall restore the real estate in this case to its original state and return it to the lessor," and the following details are stated in the special agreement column:

1. The first contract: October 10, 2003; and

2. The lessor has performed the construction work of facilities and ancillary facilities necessary for operations; and

3. The premium shall not be recognized in entirety.

4. The absolute responsibility for fire shall be taken.

5. Other necessary matters shall be discussed after consultation.

On April 25, 2014, the Plaintiff sent to the Defendant a content-certified mail stating that “I notify the Defendant that the term of a shopping mall will be terminated. At the arrival of the term of a shopping mall, the extension of the term of a shopping mall shall be ordered, and the Plaintiff sent a content-certified mail again on July 15, 2014, and the Defendant received the same content-certified mail around that time.

E. The Defendant did not pay the rent for December 2013.

From October 2014, the Defendant paid to the Plaintiff KRW 18 million on October 9, 2014, KRW 180 million on November 9, 2014, KRW 180 million on November 9, 2014, KRW 180,000 on January 9, 2015, and KRW 180,000 on February 9, 2015, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, purport of the whole pleadings, determination

A. According to the above facts, the Defendant occupied the instant real estate even after the termination of the instant lease agreement, and used it in the same way as before and without any legal ground.

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