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(영문) 대구지방법원 2015.01.22 2013나22742
점포명도등
Text

1. The judgment of the first instance, including the claim for counterclaim by the Defendant (Counterclaim Plaintiff) that was changed from the trial at the trial, is as follows.

Reasons

1. Basic facts

A. The Plaintiff’s ownership 1 on each site and building of “K” and “L” is the building and its site that the Plaintiff operated a restaurant with the trade name of “K” (the Defendant operates a restaurant in the name of “K”, and its site).

() A building with J 895 square meters in Northern-gu, Northern-gu and its ground, which is a building caused by a disaster (in the vicinity of the land adjacent to this case, a cafeteria operated by the Defendant under the trade name of “L” and its site.

(2) In addition, the Plaintiff is the owner of each of the above land, which purchased on November 15, 2012 and completed the registration of ownership transfer as of November 16, 2012, when the Plaintiff was leased with H large 17 square meters and I large 23 square meters from the State, North-gu, Northern-gu, Mapo-si, and I large 223 square meters.

B. On August 2, 2004, the Defendant leased a building due to a cause from the Plaintiff in the name of C, and operated a restaurant with the trade name “K” from around that time, and with the trade name “L” in the building caused by a cause. (ii) On January 1, 2010, the Defendant again leased each of the above buildings from the Plaintiff to the Plaintiff on January 1, 201, again operated the restaurant in the name of B, with the lease deposit amount of KRW 80 million, monthly rent of KRW 7 million (the monthly rent of the building, KRW 4 million, monthly rent of the building caused), and the lease period of KRW 3 million until December 31, 201, and continued to operate the restaurant in the same trade name.

(hereinafter “instant lease agreement”) On June 14, 2010, between the Plaintiff and the Daegu District Court No. 2010No. 4, June 14, 2010, the settlement prior to filing a lawsuit on the instant lease agreement (hereinafter “instant settlement”).

A. The details thereof have been established as follows:

Reconciliation Provisions

1. On January 1, 2010, the Plaintiff and B concluded a lease agreement with the term of the lease deposit amounting to KRW 80 million, monthly rent, and two years from January 1, 201 to December 31, 201, with respect to the building that belongs to the Plaintiff and the site land and the building that belongs to the Plaintiff.

(b)

6. Upon the expiration of the above lease period, the Plaintiff is responsible for the facility cost, interior cost, etc. invested in each of the above buildings due to the necessity of the project or life.

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