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(영문) 서울중앙지방법원 2016.02.11 2015가단94871
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) is from 107,90,000 to 107,90,000 won from the Plaintiff (Counterclaim Defendant) to 9 April 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Presumed factual basis

A. The Plaintiff, as the owner of the building indicated in the attached Form (hereinafter “instant store”), entered into a contract on July 1, 2014 for the lease of the instant store to the Defendant with the same content as the deposit and monthly rent at the time when the former owner leased the Defendant.

(hereinafter “instant lease agreement”). The main contents are as follows.

Lease deposit: Monthly rent of KRW 120 million: 6050,000 (including value-added tax of KRW 550,000) and the subsequent payment shall be paid on the 9th day of each month.

Term of lease: Matters specially agreed from March 9, 2014 to March 8, 2015:

2. The premium and facility costs are not recognized in entirety.

5. In the event that the rent is not paid for more than two years, the lessor may terminate the contract;

6. When maturity, the lessee shall set the store at the end of the period; and

(i.e., the sub-contract).

On January 28, 2015, the Plaintiff notified the Defendant that “If the contract term expires, the Plaintiff will not renew the above contract, the Plaintiff will restore the store to its original state and deliver it to its original state.”

(1) The Plaintiff sent a content-certified mail again to the Defendant on April 22, 2015 and urged the Defendant to restore the store to its original state and deliver it (hereinafter “the second termination notice”).

The Defendant did not pay rent for September 2014 and February 2015, and occupied and used the instant store without paying rent from April 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 7 (including virtual number) and the purport of the whole pleading

2. Determination on the main claim

A. According to the facts found above as to the cause of the claim, since the lease contract of this case terminated at the expiration of the period, the Defendant is obligated to deliver the instant store to the Plaintiff, barring special circumstances.

B. As to the defendant's implied renewal defense, the defendant 1, notwithstanding the defendant's continued use and profit-making after the expiration of the lease contract.

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