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(영문) 광주지방법원 2016.09.27 2015가단47261
건물명도
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of the buildings indicated in the separate sheet (hereinafter “instant building”), and the Defendant is the company that leased from the Plaintiffs the 117.61 square meters of the 1st floor among the buildings listed in the separate sheet (hereinafter “instant store”).

B. On November 2006, the Defendant and C’s lease agreement (the Defendant’s trade name at the time was “YIEAE”; hereinafter “Defendant, regardless of whether before or after mutual change was made) entered into a lease agreement with C, and the Defendant entered into a lease agreement with C to lease the instant store by setting the lease deposit amount of KRW 15,00,000,000, monthly rent of KRW 600,000, and the lease term from November 6, 2006 to October 31, 2008, and operated convenience points at the instant store after delivery of the instant store from C. The said special lease agreement stipulates that “The lease period of KRW 5,00,000,000,” and that “The lease period of KRW 600,000,000,000,000 from November 6, 2006.”

C. (1) On October 208, the Defendant renewed the lease agreement with C on the store of this case, and entered into a new lease agreement on the condition that the lease deposit and monthly rent are the same as before, from November 1, 2008 to November 31, 2010, and Article 3(1) of the said lease agreement provides that “A (C) shall guarantee the business for three years to B (Defendant).” (2) The Defendant renewed the lease agreement with the store of this case on November 201, 201, and entered into a new lease agreement from November 1, 2011 to October 31, 2013; and (3) of the said lease agreement provides that “The period from November 1, 2011 to October 31, 2013” shall be “the period from January 1, 2013 to October 31, 2013.”

3. The defendant renewed the lease contract with C on October 14, 2013.

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