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(영문) 전주지방법원군산지원 2019.06.25 2018가단55607
건물명도(인도)
Text

1. The defendant's order is each point of Attached Form 1, 2, 3, 4, and 1 among the real estate listed in the annexed Table 1 list to the plaintiff.

Reasons

1. Basic facts

A. On September 4, 2007, the Plaintiff entered into a lease agreement with the Defendant to lease KRW 52,00,000 per annum (hereinafter “instant store”) from among the real estate listed in the separate sheet Nos. 1,2,3,4, and 1,000 per annum (hereinafter “the instant first lease agreement”) by setting the lease deposit amount of KRW 20,000,000 per month of rent (payment in advance on October 1, 2007), from October 1, 2007 to September 30, 2009 (hereinafter “the instant first lease agreement”). On October 1, 2007, the Plaintiff delivered the instant store to the Defendant.

B. On August 1, 2013, the Plaintiff and the Defendant: (a) implicitly renewed the instant first lease agreement even after the expiration date; and (b) concluded a lease agreement to lease the instant store with the deposit already paid; (c) KRW 20,000,000 per month (in advance payment on August 1, 2013 and value-added tax separate); and (d) from August 1, 2013 to July 31, 2015, to lease the instant second lease agreement (hereinafter “instant second lease agreement”).

Under the second lease contract of this case, a lessee is unable to sublet the store of this case or transfer the right of lease without the consent of the lessor (Article 3), and where the lessee violates Article 3, the lessor may terminate the contract without delay.

(Article 4). (c)

Even after July 31, 2015, the expiration date of the instant secondary lease agreement, the Plaintiff and the Defendant have implicitly renewed the lease agreement on the instant store.

On March 28, 2018, April 13, 2018, and July 17, 2018, the Plaintiff expressed his/her intent to refuse renewal by displaying a content-certified mail to the effect that the Plaintiff may request the Defendant to deliver the instant store by the expiration date of the lease term ( July 31, 2018).

On the other hand, the store of this case is currently being used as the office of licensed real estate agents with the trade name of "C Licensed Real Estate Agent Office".

The time of filing the instant lawsuit is above.

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