logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.14 2015나10902
건물명도
Text

1. The exchange change in the trial and the addition of the plaintiff (Counterclaim defendant)'s claims for the principal lawsuit and the extension from the trial.

Reasons

1. Basic facts

A. On March 9, 2004, the Plaintiff completed the registration of transfer of ownership with respect to the real estate indicated in the Gyeonggi-do D Miscellaneous District and its attached Form on the ground of sale on February 3, 2004.

B. On August 5, 2005, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B by setting the lease deposit amount of KRW 50 million from August 8, 2005 to August 7, 2008 with respect to the real estate (including dangerous substance storage facilities; hereinafter the same real estate referred to as “instant real estate”) indicated in the attached sheet (including dangerous substance storage facilities”) as the end of each month from August 8, 2005 to February 28, 2006: Provided, That the Plaintiff agreed to set the lease agreement as KRW 1980,000 per month from August 8, 2005 to February 28, 2006.

Defendant B paid KRW 50 million to the Plaintiff around that time.

C. From around that time, Defendant B operated a gas station with the trade name “E gas station” in the instant real estate.

On the other hand, the instant lease was implicitly renewed.

On February 28, 2014, Defendant B was subject to a disposition suspending the business of fake petroleum products for six months (from March 10, 2014 to September 9, 2014) on the ground that he/she kept fake petroleum products from the head of Gyeyang-gu, and on March 6, 2014, he/she was subject to a disposition changing the initial disposition to nine months (from March 10, 2014 to December 9, 2014) on the ground that he/she committed the same violation during the administrative disposition proceeding period.

E. Defendant B notified the Plaintiff of the termination of the instant lease agreement on March 2014.

F. On April 5, 2014, Defendant B handed over the instant real estate to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, Eul evidence No. 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendants amounted to KRW 27,662,00 due to the instant lease agreement (i.e., the unpaid rent from July 30, 201 to February 28, 2014).

arrow