(영문) 대구고등법원 2016.01.13 2013나21049

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(영문) 대구고등법원 2016.01.13 2013나21049

건물명도

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1. The appeal against the principal lawsuit by the Defendant (Counterclaim Plaintiff) is dismissed.

2. The Defendant (Counterclaim Plaintiff) added at the trial.

Reasons

A. The Plaintiff and the Defendant concluded a lease agreement that changes the first lease contract by taking into account the circumstances leading up to the construction of the above underground parking lots and the lapse of the approval for temporary use (No. 12, 13, No. 37) on January 21, 209 (hereinafter “the changed lease agreement”). Article 2(1) of the same Act provides that a lease agreement that changes the period of lease and the first year rental deposit (2,3 times) (hereinafter “the changed lease agreement”). Article 2(1) of the same Act provides that a lease agreement that changes the period of lease and the first year rental deposit (hereinafter “the instant lease agreement”). Article 2(5) of the same Act provides that the period of approval for temporary use shall be five years from the date of commencement of the business, five years from the date of commencement, five years from the date of commencement of the business, the date of commencement of the business, and the remainder of the date of payment to the second 3rd 10th mar 208 mar 28, 2008.

The approval period is until December 31, 2009, as before.

) (No. 54-4) The Defendant started to use part of the first floor and part of the third floor on December 16, 2008 under the instant lease agreement, including the commencement of the use of part of the first floor and part of the third floor on December 16, 2008, added the whole of the second floor on January 2, 2009, added the whole of the fifth floor on February 14, 2009, added the remainder of the first floor and the third floor on March 2009, added the part of the fourth floor on April 209, and began to use the whole object of the instant lease from July 31, 2009 at the latest.

(A) Evidence No. 11 (c)

The instant investment agreement and the instant case due to the delay of rent and the dispute related to the above underground parking lot.

유사 판례

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