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(영문) 울산지방법원 2017.02.14 2016가단55300
건물명도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall deliver the Plaintiff-Counterclaim Defendant a 170.41 square meters store on the first floor of the building indicated in the attached list.

Reasons

1. Basic facts

A. Of the buildings listed in the separate sheet, the Defendant: (a) leased the first floor store (hereinafter “instant store”) from among the buildings listed in the separate sheet to KRW 20 million; (b) leased the said store to KRW 2350,000 per month; and (c) acquired the right to lease and operate the said store at KRW 80,000,000; and (d) operated the said Schlage from October 15, 2009 (hereinafter “instant lease agreement”).

On April 16, 2013, the Defendant increased the rent to KRW 3.3 million per month when renewed the instant lease agreement with F, the former owner of the building listed in the attached list, and F, and the instant lease agreement.

C. The Plaintiffs purchased buildings listed in the separate sheet from F on March 3, 2014, and completed the registration of ownership transfer on June 30, 2014, respectively.

On July 2014, the Defendant maintained the above lease deposit and the rent as to the store of this case, but entered into a lease contract with the lease term from April 16, 2013 to April 15, 2015.

E. On March 13, 2015, the Plaintiffs sent a content-certified mail requesting the Defendant to return the instant store to the original state upon the expiration of the period of the instant lease agreement, as the period of the instant lease expires on April 15, 2015.

F. After April 15, 2015, the Defendant continued to operate Smarkets at the instant store, and the Plaintiffs sent a content-certified mail requesting the Defendant to deliver the said store by April 15, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 (including attachment of provisional number), the purport of the whole pleadings

2. Determination

A. 1) The instant lease agreement, which is the cause of the claim, has expired, and the Defendant is obligated to deliver the instant store to the Plaintiffs. 2) The Defendant’s content-certified mail on March 13, 2015, which was served on the Defendant around that time.

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