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(영문) 수원지방법원안양지원 2015.07.16 2014가단115566
건물명도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) building from KRW 29,330,00 to KRW 29,30,000, as indicated in the list from July 1, 2015.

Reasons

1. Basic facts

A. On July 11, 201, the Plaintiff leased a building indicated in the attached list (hereinafter “instant building”) to the Defendant (hereinafter “instant lease agreement”) by setting the deposit amount of KRW 40,000,000, monthly rent of KRW 2,450,000, and the term of lease from July 11, 201 to July 11, 2013 (hereinafter “instant building”). From July 18, 2011 to July 11, 2011, the Defendant operates the instant building with the trade name “C satisfaction”.

B. Since the instant building is a temporary building, it was subject to an extension of the retention period every two years, and the Plaintiff agreed to compensate the Defendant for the business damage compensation and the premium for facilities when the retention period should not be extended in the instant lease agreement.

C. Following the Defendant’s commencement of business, a dispute occurred between the residents of the king apartment and the Defendant, on the grounds of malodor generated in the course of living a arbitrance between the instant building and the instant apartment, and the said apartment residents filed a civil petition as an organization for the king viewing.

In order to obtain permission for extension of the retention period of a temporary building, the plaintiff, the defendant, and E, which had the representative of residents of the above apartment, agreed on March 6, 2013, with the following contents (hereinafter "the agreement in this case"), and the defendant separately agreed to pay 50,000 won per month to the above apartment as facility investment expenses.

2. The above Gap (the representative E), Eul (the plaintiff), and Byung (the defendant) agree to minimize damage to bona fide victims due to the suspension of the operation of the Category C, as follows:

3. A does not raise an objection to the business of Calconium by December 31, 2014.

4.B shall be entitled to minimum management costs (500,000 won per month) without receiving the monthly rent of Cents.

5. Sick shall conduct its business only until December 31, 2014 and waive all rights, such as facility investments and premium, etc.

Provided, That the operations shall continue thereafter.

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