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(영문) 대구지방법원 2015.01.16 2014가단114685
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver each land and building listed in the separate sheet;

(b)each entry in the separate sheet;

Reasons

1. Facts of recognition;

A. On October 29, 198, the Plaintiff and the Defendant concluded a lease agreement between the Plaintiff and the Defendant and October 30, 1993 on each of the land and its ground buildings listed in the separate sheet, which are owned by the Plaintiff (hereinafter collectively referred to as “the leased object of this case”), which is KRW 10 million, monthly rent of KRW 200,000,000, monthly rent of KRW 10,000,000, and the lease period of the lease from October 30, 198 to October 30, 193.

The above lease contract includes the following contents:

A lessee may be reconstructed or altered under the approval of the lessor, but the lessee needs to restore the facility to its original state at the expense of the lessee before the date of return of the real estate shall be the lessee, but the lessee shall voluntarily remove the facility at the time of withdrawal, and the right of interest shall not be claimed.

B. The Plaintiff and the Defendant continued to maintain the lease relationship even after October 30, 1993, and concluded a lease agreement with respect to the leased object of this case on June 5, 2009, as follows.

(hereinafter “instant lease agreement”). No deposit is available, monthly rent: 650,000 won, and lease period: 36 months: Lessee may be reconstructed or altered with the approval of the lessor, but the lessee may be at the expense of the lessee prior to the date of return of the real estate to restore to its original state at the expense of the lessee, and no extension shall be made unless mutual agreement is reached between the two parties after three years after the date of return of the real estate. In 2003, the Defendant required to repair and remodel all the expenses incurred by the lessor

C. While leasing and using the leased object from the Plaintiff, the Defendant installed a steel pipe pole structure (hereinafter “the instant stop”) in the part (A) on the ship connecting each point of the land indicated in the separate sheet, among the land indicated in the separate sheet, in order to connect each point in (1), 2, 3, 4, and 1, and removed the substitute part of the building.

On the other hand, approximately KRW 2,80,000 is required for the restoration to the original state.

From January 1, 2014, the defendant paid only part of the monthly rent (650,00 won) to the plaintiff (650,000 won).

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