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(영문) 서울중앙지방법원 2021.02.17 2019가단5164797
건물명도(인도)
Text

The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

2. The Plaintiff (Counterclaim Defendant) joints with each other.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 22, 2013, the previous lease contract, the Defendant, from D, set up two floors (hereinafter “instant stores”) among the Dongjak-gu Seoul Metropolitan E-ground Buildings (hereinafter “instant buildings”) as deposit money of KRW 60,000,000, monthly rent of KRW 1,980,000, and from March 28, 2013 to December 24, 2013, operated a main restaurant (general restaurant) at the instant stores.

B. The Plaintiffs acquired the ownership of the instant building on November 14, 2016.

On February 24, 2017, the Defendant leased the instant store from the Plaintiff as KRW 60,00,000, KRW 2,123,000 per month of rent (including value added tax) and by March 28, 2018, respectively (hereinafter “instant lease agreement”).

(1) On November 28, 2018, the Plaintiffs are refusing to renew or renew a commercial building lease to the Defendant on or before the expiration of the term of lease.

In this case, water leakage and Dong wave accidents occurred due to the deterioration of the building, and water leakage occurred from the store of this case to the first floor store.

The third floor is a house use, and the tenant's civil petition according to the core store business of this case continued.

3 The 3rd floor housing is the 9th floor, and the tenants take out due to noise and smoking caused by the business of the main place of the store in this case.

It notifies that it is inevitably impossible to renew or renew the lease.

On March 28, 2019, notice was given to the effect that “a request for surrendering” was made.

2) On January 18, 2019, the Defendant suffered serious damage to the Plaintiffs’ business due to “the water leakage in the ceiling of a building and the third floor construction.”

There was no particular measure for a long period of time even though leakage was available.

From February 2018, it was difficult to get rainwater from the 4th place inside the instant store and to receive some tables.

The total of two years has occurred, and serious losses to the business have been incurred.

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