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(영문) 인천지방법원 2019.06.25 2018가단220894
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Attached drawings among the real estate of 209.85 square meters on the first floor listed in the attached list.

Reasons

[This and counterclaim shall be deemed to be combined]

1. Basic facts

A. On October 2012, the Defendant leased from Nonparty D’s organization KRW 20,000,000, monthly rent of KRW 90,000, and operated convenience stores, among the real estate listed in the separate sheet (hereinafter “instant real estate”), the part (a) of the ship (hereinafter “instant store”) which successively connected each point of the attached sheet Nos. 1, 2, 3, 4, 5, 6, 7, and 1, among the real estate indicated in the separate sheet Nos. 1, 6, 6, 7, and 1,000 square meters, among the real estate indicated in the separate sheet No. 209.85 square meters.

B. After the expiration of the above lease term, the Defendant leased the instant store on April 10, 201 to April 9, 2021, and on the same condition, the deposit and rent were again leased.

(hereinafter “instant lease agreement.” Meanwhile, the proviso of Article 3(1) of the lease agreement stipulates that “The contract period at the time of the sale of the hall or hall shall be two years.”

C. On November 28, 2017, after the conclusion of the above lease agreement, D organizations and the Plaintiff concluded a sales contract to sell the instant real estate to the Plaintiff, and the Plaintiff completed the registration of ownership transfer on December 20, 2017.

On December 27, 2017, after the store of this case was sold to the Plaintiff, the Defendant notified the Plaintiff that the Plaintiff demanded the renewal of the lease contract of this case according to the claim for renewal of the contract under the Commercial Building Lease Protection Act.

E. On January 9, 2018, the Plaintiff requested the Defendant to deliver the instant lease agreement to the expiration date, as the right to request the renewal of the contract is not recognized.

F. On January 23, 2018, the Defendant concluded a premium contract of KRW 100,000 for the premium of KRW 100,000 for the instant store and E and the instant store.

G. On January 25, 2018, the Defendant concluded a new lessee E with the Plaintiff, and requested the Plaintiff to guarantee the Defendant’s opportunity to recover the premium by concluding a new lease agreement with the new lessee.

H. On the above request, the Plaintiff directly operates a lottery room at the instant store.

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