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(영문) 춘천지방법원강릉지원 2015.06.16 2014가단6288
건물퇴거 등
Text

1. 피고는 원고들에게 별지 부동산의 표시 기재 건물 중 별지 감정도 표시 ㅋ, ㅌ, ㅍ, ㅎ, ㅋ의...

Reasons

1. As to the cause of claim

A. 1) The Plaintiffs are co-owners of the building indicated in the attached Form 1. 2) The Plaintiffs are the co-owners of the building indicated in the attached Form 1.

1. 표시 ㅋ, ㅌ, ㅍ, ㅎ, ㅋ의 각 점을 순차로 연결한 선내 ㈏부분 점포 47㎡(이하 ‘이 사건 점포’라고 한다)에 관하여 임대차기간을 2년으로 정하는 내용의 임대차계약을 체결하였다.

3) On May 18, 201, the Plaintiffs entered into a lease agreement with the terms of KRW 3,00,000 for lease deposit, KRW 250,00 for monthly rent, and KRW 250,00 for the term of May 17, 2013 for the instant store. D agreed to restore the instant store to its original state and return the said store upon the termination of the lease agreement with the Plaintiffs at the time of the said lease agreement. 4) Since then, the Plaintiffs maintained the lease agreement with the instant store by May 18, 2014 in accordance with D’s request for the renewal of the contract under the Commercial Building Lease Protection Act.

5) On February 24, 2014, the Plaintiffs notified D of the termination of the said lease agreement, and requested D to deliver the instant store by May 18, 2014. (6) Meanwhile, on February 22, 2012, the Defendant operated the rice farm with D after completing business registration at the instant store.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

B. According to the above facts of recognition, since the lease contract for the store of this case between the plaintiffs and D was terminated, the defendant who is using the store of this case as D's spouse is obligated to leave the store of this case to the plaintiffs.

2. The defendant's assertion asserts that since the defendant himself/herself paid the beneficial expenses for the store of this case as the lessee of the store of this case, he/she should receive the beneficial expenses.

The defendant concluded a lease contract with the plaintiffs on the store of this case.

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