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(영문) 대전지방법원천안지원 2020.12.17 2020가단105896
건물인도
Text

1. The defendant

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

B. From April 14, 2020, the above KRW 1,030,716 and KRW 1,000.

Reasons

1. Basic facts

A. The Plaintiff, a juristic person established for the purpose of collecting, preserving, managing, and exhibiting materials in the Memorial pursuant to C law, and leased a building listed in the attached Table owned by the Plaintiff (hereinafter “instant commercial building”) to the Defendant as KRW 23,210,000 per annum for the term of lease on August 9, 2013.

(hereinafter referred to as “the first lease contract”). (b)

The Defendant paid the Plaintiff the contract deposit of KRW 6,970,00,000 according to the lease agreement, and opened a restaurant with the trade name “D” in the instant commercial building on or around September 2013 after completing the restaurant facilities after receiving delivery of the instant commercial building from the Plaintiff around August 2013.

C. On August 8, 2018, the Plaintiff and the Defendant newly concluded a lease agreement that leases the instant commercial building to the Defendant by changing the terms and conditions of the instant lease agreement from August 9, 2018 to December 31, 2019 during the lease period from August 9, 2018 to December 31, 2019 (the rent for the second year after the second year shall be determined based on price increase, etc.) to the rent of KRW 24,013,00,000

(hereinafter “No. 2 lease contract”). D.

From the end of September 2019, the Plaintiff notified the Defendant of the policy that the lease contract will not be extended after the end of the second lease contract, and thus, the Plaintiff sent the instant commercial building to its original state and deliver it to the Defendant at the end of the contract.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1- 5 (including virtual number), the purport of the whole pleadings

2. The cause of the claim and the judgment thereof

A. Although the second lease contract as the cause of the claim has expired, the defendant continues to use and benefit from the commercial building of this case, so the defendant is obligated to deliver the commercial building of this case to the plaintiff.

In addition, the Defendant did not pay the rent, etc. of the instant commercial building after January 1, 2020, and after January 1, 2020, the amount equivalent to the rent of the instant commercial building is KRW 24,470,00 per annum. Thus, the contract deposit of the first lease contract shall be applied to the unpaid rent until April 13, 2020.

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