(영문) 창원지방법원 2017.05.18 2016가합52784

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(영문) 창원지방법원 2017.05.18 2016가합52784

건물명도

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1. The defendant shall be the plaintiff.

(a) deliver land and buildings listed in the separate sheet;

(b) 36.3 million won and this.

Reasons

1. Facts of recognition;

A. On February 16, 2013, the Plaintiff leased the instant building to the Defendant with deposit KRW 200 million, monthly rent KRW 8.525,000 (including value-added tax; hereinafter the same shall apply) from April 30, 2013 to April 30, 2018 due to the following circumstances: (a) the completion of the construction of the instant building was delayed due to the Plaintiff’s lease of the land listed in the attached list (hereinafter “instant land”) and the building listed in the attached list (hereinafter “instant building”) being newly constructed thereon; and (b) the lease contract was terminated on August 8, 2013.

B. However, even after the termination of the above lease agreement, the Plaintiff and the Defendant had the intent to conclude the lease agreement again, and accordingly, the Defendant commenced the interior of the instant building from October 20, 2013 to November 30, 2013 when the construction of the instant building was substantially completed and commenced the interior of the instant building for the “C” clothes store business, and commenced the business around November 30, 2013.

C. From December 2013 to February 2, 2014, the Plaintiff did not receive deposit and tea from the Defendant in terms of compensation for the delayed completion of the construction of the instant building. On March 13, 2014, the Plaintiff concluded a lease agreement with the Defendant regarding the instant land and buildings (hereinafter “instant lease agreement”).

1) A deposit is KRW 20 million, monthly rent is KRW 3.96 million, and the term of lease is from March 1, 2014 to March 30, 2016: Provided, That a deposit is KRW 200 million shall be paid until March 30, 2016, and a deposit shall be additionally paid KRW 1.540,000 per month in lieu of the payment of the deposit until that time, and a deposit shall be additionally paid at KRW 8.525,00 per month, while in office for three years from April 1, 2016.

3) The Plaintiff may terminate the lease contract where the payment of rent is overdue for not less than three months. 4) The instant land and buildings are leased at present, and the Defendant terminates the lease term.

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