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(영문) 광주지방법원 2019.04.12 2018가단529689
건물명도(인도)
Text

1. The defendant is paid KRW 58,200,000 from the plaintiff, and at the same time, it is out of the third floor of the real estate stated in the attached Table to the plaintiff.

Reasons

1. On August 27, 2009, comprehensively taking account of the following facts: Gap evidence No. 1, Gap evidence No. 2, Eul evidence No. 3, and Gap evidence No. 1 through 11, the plaintiff and his husband and wife operated a restaurant with the trade name "C" from September 23, 2009 to December 31, 201; on August 27, 2009, the plaintiff extended the lease agreement with the defendant's husband and wife each point of 174.5 square meters in the part inside the ship (hereinafter "the store of this case") with the order of priority among the three real estate listed in the separate sheet No. 1, 2, 3, 4, 5, and 1; on the monthly rent, 13% in the lease agreement; on the monthly rent, from September 23, 2009 to December 31, 2010; on the other hand, the plaintiff and his husband and wife had no longer filed a lawsuit for renewal of the lease agreement of this case.

2. According to the above facts of determination, since the lease contract for the instant store was terminated on December 31, 2018, the Defendant is obligated to order the Plaintiff to order the instant store, at the same time, to return KRW 58,200,000 from the Plaintiff, as the lease contract for the instant store was terminated on the expiration of the period.

Around December 2017, the Defendant recommended that the Plaintiff’s employee continued to extend the lease agreement on the instant store, and the Plaintiff’s employee also operated the restaurant and opened the restaurant. Accordingly, the Defendant entered into a lease agreement on the 10th floor of the department store in the name of the Defendant around December 22, 2017 with the Plaintiff and Gwangju D D, and operated the restaurant in the name of “E” (hereinafter “the department store”). The Plaintiff continued to operate the restaurant in the name of “E,” and the Plaintiff sustained loss due to the Plaintiff’s occurrence of the deficit in the department store. Thus, if the lease agreement on the instant store is not extended, the above department store is not extended.

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