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(영문) 대전지방법원 논산지원 2018.07.19 2017가단2888
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the second floor of 190.41 square meters among the buildings listed in the attached list;

B. From January 19, 2018, the same shall apply.

Reasons

1. Facts of recognition;

A. On August 18, 2015, the Plaintiff concluded a lease agreement: (a) leased two floors (hereinafter referred to as “instant building”) among the buildings listed in the attached Table owned by the Plaintiff to the Defendant as KRW 20 million; (b) from August 18, 2015 to August 18, 2020; (c) from August 18, 2015 to August 18, 2020; (d) determined KRW 12 million as the monthly rent; and (e) KRW 10 million as the monthly management fee; and (e) paid the remainder KRW 10 million by February 17, 2016.

(hereinafter “instant lease agreement”). B.

The defendant notified the termination of the lease agreement in this case operated LBC on the instant building, did not pay KRW 10 million out of the deposit, and did not pay rent and management fee after February 2017.

On May 29, 2017, the Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds of the Defendant’s unpaid deposit and delayed rent.

C. Around March 2017, the Defendant filed a complaint with the Plaintiff and the Plaintiff’s wife C. Around November 11, 2015, the gist of the complaint: (i) C abused the Defendant at LBC on November 11, 2015; and (ii) the Plaintiff was frighting at LBC on August 18, 2016; (iii) on October 5, 2016, the Plaintiff was frighting the Defendant from LBC to the Defendant’s fright; and (iv) on October 20, 2016 and October 20, 201 and July 16, 2017, the Plaintiff’s insultd the Defendant from LBC to LBC; and (v) obstructed the Plaintiff’s duties of coercion and the Defendant’s prosecutor from time to time to time, thereby interfering with the Plaintiff’s business by compulsion.

(In the indictment, the Plaintiff’s crime name column includes interference with business, but there is no interference with business in the column of the facts charged by the Plaintiff, and the indictment was amended to delete the business from the name of the crime of interference with business on the first trial date thereafter). Of the facts charged, the Plaintiff’s indecent act by force among the facts charged, “the Plaintiff’s indecent act by force is above 2:00 on August 20, 2016.

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