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(영문) 울산지방법원 2018.11.09 2017가단18766
건물명도 등
Text

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

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

(b) the annexed list;

Reasons

1. Basic facts

A. On December 1, 2012, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant KRW 40 million, monthly rent of KRW 3.1 million.

(hereinafter “instant lease agreement”). B.

From August 2017, the Defendant delayed payment of the rent, and on the ground that the Plaintiff was in arrears with at least three vehicles, the Plaintiff served a copy of the complaint of this case on December 12, 2017, indicating the termination of the instant lease agreement.

C. The Defendant operated a restaurant in the instant building and did not operate the restaurant any longer from March 1, 2018, and the rent in arrears as of the above date is KRW 9.3 million.

In order to operate the instant building as a restaurant, the Defendant performed construction works on the interior of the building, the toilets behind the building, the eudio working number of the buildings following the building, a ventilation machine, a signboard, etc., and the cost of restoring the said construction part to its original state is KRW 21,478,573.

[Basis] Evidence Nos. 1 through 5, Evidence Nos. 6-1 through 15, the appraiser C's appraisal of restitution costs, the purport of the whole pleadings

2. Determination on the main claim

A. The instant lease agreement was lawfully terminated as of December 12, 2017 by the Plaintiff’s notification of the termination of the contract, and the Defendant is obligated to deliver the instant building to the Plaintiff, as the restoration following the termination of the contract.

(b) It includes not only the obligation to transfer the possession of the real estate used by the lessee to the lessor, but also the obligation to cooperate for the lessor to use the real estate again in line with the purpose of the real estate at the time of the lease, if the lease is terminated;

Therefore, the Defendant is obligated to report the business closure in the name of the Defendant so that the Plaintiff does not interfere with the business license in the instant building.

C. The Plaintiff is obligated to pay the overdue rent (1) as well as the overdue rent by March 1, 2018.

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