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(영문) 창원지방법원마산지원 2016.05.25 2016가합100140
임대차계약해지를원인으로한선박인도청구
Text

1. The defendant shall enter the 1st floor and the 2nd floor of the ship from among the ships listed in the annexed list No. 1 or conduct business at the place.

Reasons

1. Indication of claim;

A. (1) The Plaintiff is the Defendant, and ① on June 8, 2015, the vessel listed in the [Attachment 1] List (hereinafter “instant vessel”).

(2) From June 25, 2015 to June 25, 2016, the first and second floors are leased at KRW 30 million, monthly rent of KRW 7 million. ② On August 1, 2015, the Plaintiff leased the second floor of the instant vessel (attached Form 2: (1), (2), (3), (4), and (5), (6), (7), (8), and (5) from August 1, 2015 to July 30, 2016, and (2) from the instant vessel’s 1,200,000,000,000 won.

B. However, the Defendant did not pay a monthly rent after October 2015 for the first and second floors of the instant vessel, the lease deposit of KRW 30 million for the second floor shop of the instant vessel, and the monthly rent after October 2015, and the Plaintiff notified the revocation of each of the instant lease contracts on the grounds that the instant lease contract was delayed for at least two years on January 20, 2016 and the lease deposit was unpaid.

C. Therefore, the Defendant sought indirect compulsory performance when violating the prohibition and prohibition order on the first and second floor of the instant vessel, as there is no longer a right to engage in LBC business on the first and second floor of the instant vessel, and sought an order to order the second floor shop part of the instant vessel to recover from the original state following the cancellation of the lease agreement on the second floor shop of the instant vessel.

2. Articles 508 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

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