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(영문) 대전지방법원서산지원 2016.05.04 2015가단3213
건물인도 등
Text

1. From 19,00,000 won to 6, 2015, the Defendant’s month from May 6, 2015 to the completion date of delivery of the building indicated in the separate sheet.

Reasons

1. Basic facts

A. On March 6, 2013, the Plaintiff entered into a lease agreement with the Defendant on the attached list (hereinafter “instant restaurant”) with the content that the deposit is KRW 20 million, monthly rent is KRW 1250,000,000 for the first year, and KRW 1.5 million for the second year, and KRW 1.5 million for the second year, and the lease period is set at two years from March 6, 2013, and the Defendant would take over all the house in the restaurant (hereinafter “instant lease agreement”).

B. Under the instant lease agreement, the Defendant paid to the Plaintiff KRW 20 million and KRW 10 million for the acquisition price of the term of lease. From March 2013 to April 2014, the Defendant demanded the Plaintiff’s father C, who is the Plaintiff’s father, to reduce the rent on the ground that the restaurant business is not well-being, and C reduced the rent by ten months for the remaining lease period from May 6, 2014 (from May 6, 2014 to March 5, 2015).

C. From the Defendant to April 5, 2015, the Plaintiff received KRW 11,50,000,000 (i.e., KRW 10,000 for ten months from May 5, 2014 to March 5, 2015, a lease term of KRW 10,000,000 from the Defendant, and received KRW 50,000,000,000,00 from April 5, 2015, for one month from April 5, 2015, which is the lease term of KRW 1,50,000,000,000,000,000,000 from May 5, 2015).

The details of payment shall be as listed in the following table:

The amount on July 7, 2014, KRW 100,000,000 won on September 7, 2014, KRW 1000,000,000 on September 24, 2014, KRW 2000,000 on September 11, 2014, KRW 300,000 on April 3, 2015, KRW 12,00,000 on May 15, 2015, KRW 300,000 on June 15, 2015.

D. On February 2, 2015, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including branch numbers in the case of supplemental evidence), the witness C and D's testimony and the purport of the whole pleadings

2. Determination.

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