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(영문) 창원지방법원진주지원 2011.07.27 2010가합2858
건물명도
Text

1. As a result of the principal claim:

A. The Defendant (Counterclaim Defendant) indicated the attached list of real estate to the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On July 16, 2005, the Plaintiff leased the building under Paragraph (1) and Paragraph (2) above to Defendant B as security deposit of KRW 30,000,000, monthly rent of KRW 750,000, and the lease period of KRW 60,00 from July 16, 2005.

(hereinafter referred to as "the instant lease agreement"). B.

At the time of the instant lease agreement, Defendant B agreed to extend the building No. 3 on the ground of the land No. 1, but the registration of preservation of ownership was made in the name of the Plaintiff, and entered into the following special agreement:

1. No goodwill may be transferred without the consent of a building owner before or after the expiration of the contract period, and all facility costs and premiums shall not be recognized;

2. If a right to extend or rebuild the building is extended or reconstructed as required by the lessee during the lease period, the right to extend or rebuild the building shall be extinguished at the expiration of the lease period, and such right shall belong to the registered right and shall not be claimed for compensation therefor.

C. Around July 20, 2005, Defendant B notified the Plaintiff of the extension of the building under paragraph (3) to operate an entertainment drinking house business (along with an entertainment drinking house) in the building under paragraph (2), and applied for prohibited acts and cancellation of facilities within the school environmental sanitation and cleanup zone.

However, on August 5, 2005, it was ordered by the office of education of Gyeongcheon-do to refuse the application, and thereafter, the defendant B filed a lawsuit with the Changwon District Court to seek revocation of the application for the school environmental sanitation and cleanup zone prohibited acts and the cancellation of facilities in the school environmental sanitation and cleanup zone. On November 24, 2005, the decision of revocation of the rejection disposition became final and conclusive on June 16, 2006.

From September 2005 to July 2006, Defendant B did not pay the Plaintiff KRW 8,250,000 in total for 11 months, and began to pay the Plaintiff again from August 2006.

E. On July 31, 2006, Defendant B started extending the building No. 3 as the owner of the building and completed the construction around October 25, 2006, and around that time, Defendant B completed the construction of the building No. 3 as the owner of the building.

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