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(영문) 수원지방법원 평택지원 2018.06.01 2018가단140
부속물매수청구대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around January 201, the Plaintiff made an oral agreement with the Defendant to rent the building of Pyeongtaek-si Cand 600 square meters and above ground neighborhood living facilities (a light-frame structure, other roof and 105 square meters, which are the instant leased object) (hereinafter “instant leased object”) with the lease deposit amount of KRW 5 million, and KRW 450,000,000,000,000,000,000,000,000,000,000,000,000,000,00

B. Since then, on December 28, 201, the Plaintiff borrowed the name of the wife D and maintained the lease agreement with the Defendant as follows.

Where a lease contract is terminated for a period from December 27, 201 to 24 months from December 27, 201, the lessor may arbitrarily dispose of the objects in the building at least twice in arrears, or at the time of two contact with the lessor, the lessor may dispose of the objects in the building at his/her discretion.

C. The Plaintiff began to delay the monthly rent from April 2012. However, the instant lease agreement was maintained with the Defendant’s understanding while paying two or three-minutes arrears to the Defendant. On the other hand, around July 2012, the Plaintiff had, with the Defendant’s consent, built one temporary building for operating a sales store (within 99 square meters in pipes, until July 28, 2014 during the retention period), and one temporary building around August 2013 (within 40 square meters in pipes, and the retention period until August 19, 2015) around 2013, one temporary building was built on the ground of the leased object and used for the operation of a sales store.

On the other hand, around February 10, 2017, the Plaintiff borrowed the name of son E and prepared a lease agreement with the Defendant with the same contents as the previous one.

E. On December 2017, the Defendant demanded the Plaintiff to increase the monthly rent, and the Plaintiff rejected it. The Defendant notified the Plaintiff of December 29, 2017 that the instant lease contract was terminated as of December 27, 2017, and the Plaintiff was terminated on January 2, 2018.

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