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(영문) 제주지방법원 2019.02.26 2018가단52244
점포명도 등
Text

1. The Defendant (Counterclaim Plaintiff) shall list from the Plaintiff (Counterclaim Defendant) the attached list from February 1, 2018 to February 1, 2018.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On August 29, 2012, D entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 10 million, KRW 13 million per year, KRW 13 million per year, and the lease term from February 1, 2013 to January 31, 2017, with the content that D’s general restaurant, housing, 112.24 square meters per floor, 112.24 square meters per second floor, and 112.24 square meters per third floor (hereinafter “instant building”).

B. While the Defendant had D run a restaurant business in the name of F in the instant store that was leased by paying the above lease deposit of KRW 10 million to D, the Plaintiffs purchased the instant building from D on October 14, 2015 and completed the registration of ownership transfer on November 5, 2015 with respect to one-half of each of the instant buildings, and agreed between D and the Defendant to succeed to the status of the Plaintiffs under the said lease agreement.

C. On January 31, 2017, the aforementioned lease term expires, and the Plaintiffs and the Defendant agreed to extend the lease term by January 31, 2018.

On November 15, 2017, the plaintiffs notified the defendant on January 31, 2018 that the lease contract will be terminated as of January 31, 2018, and the defendant attached the premium contract amounting to KRW 100 million between the defendant and the plaintiff by mail verifying the contents of the contract to the plaintiff "where the termination of the lease contract is recognized, but the defendant entered into the premium contract with G while transferring the business to G, the plaintiff A would be entitled to pay damages corresponding to the premium if he/she refuses to enter into the lease contract with G, a new lessee arranged by the defendant pursuant to Article 10-4 of the Commercial Building Lease Protection Act (hereinafter "the notification of this case").

The defendant is on January 31, 2018.

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