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(영문) 대구지방법원 2015.12.17 2015가합1899
건물명도등
Text

1. The defendant shall be the plaintiff.

A. Of the real estate listed in the attached list, the 5-story 5-story 543.12 square meters and 543.12 square meters in the inn of the 6-story 5-story.

Reasons

1. Basic facts

A. On March 29, 2007, the Plaintiff and Nonparty B (the contract refers to a father’s title C) entered into a lease agreement (hereinafter “the first lease agreement”) with respect to the five-story female 543.12m2, the six-story female 543.12m2, among the buildings listed in the attached Table (hereinafter “instant inns”) on April 5, 2007, for 24 months from April 5, 2007, and without the lease deposit, the rent is KRW 7 million per month, and the lease agreement was entered into on March 2, 2008 (hereinafter “the first lease agreement”). The lease period from April 5, 2008 to April 5, 2010; the lease deposit is KRW 15 million; and the monthly rent is KRW 6 million (a separate lease agreement).

B. On October 7, 2008, the Defendant (hereinafter collectively referred to as “the Defendant’s side”), who is the son of B, succeeded to the status of the above lessee, and the term of lease for the Plaintiff and the instant brigade from October 5, 2008 to March 4, 2010, the term of lease was extended from October 5, 2008 to March 4, 201, the lease deposit was KRW 15 million for the lease deposit, and the rent was KRW 6 million for the month, and the lease was extended from April 5, 201 to April 4, 2013 by setting the term of lease as KRW 15 million for the lease deposit, and the monthly rent was extended from April 5, 2013 to April 5, 2015 (hereinafter referred to as “the lease contract”).

C. At each time a lease agreement is concluded between the Plaintiff and the Defendant, the Plaintiff and the Defendant cannot claim reimbursement of the cost to the lessor, regardless of any order of the lessee, such as the cost of the installation or maintenance established by the lessee to achieve the purpose of the lease, and no right such as the right of retention, can be asserted on this ground. The lessee agreed to remove the facilities installed for the business upon the expiration of the lease term or the termination of the lease term at the lessee’s expense.

The defendant did not pay the rent from March 2015, and the plaintiff expressed his/her intention to terminate the lease contract of this case on the ground of the foregoing rent.

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