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(영문) 창원지방법원통영지원 2015.01.13 2014가단6137
건물명도
Text

1. The Plaintiff:

A. Defendant A shall remove each facility listed in the attached list of the facilities and enter it in the attached list of the stores.

Reasons

1.The following facts of recognition do not conflict between the parties, or may be admitted in full view of the purport of the entire pleadings in the entries or images of Gap evidence 1 to 3, 5 to 8, and Eul evidence 1 and 3.

On May 16, 201, the Plaintiff leased each of the stores listed in the separate sheet (hereinafter “instant store”) to Defendant A for the purpose of selling coffee, etc., by setting the lease deposit amount of KRW 10,000,000, and the period from May 16, 201 to May 15, 2014. The Plaintiff leased each of the stores listed in the separate sheet (hereinafter “instant store”).

(hereinafter referred to as the “instant lease contract”) B.

At the time of the instant lease agreement, Defendant A received the instant store from the Plaintiff, and caused Defendant B and C to install each of the facilities listed in the separate facility list (hereinafter referred to as “instant facilities”) and operate a coffee store with the trade name “D.”

C. On April 10, 2014, the Plaintiff notified the Defendants of refusing to renew the instant lease agreement. D.

On April 11, 2014, Defendant A notified the Plaintiff that the instant lease was renewed, and Defendant B and C continued to operate the said coffee store until now at the instant store.

E. Meanwhile, the rent amount of the instant store after the expiration of the instant lease agreement is KRW 5,530,750 per month (the monthly average rent calculated in accordance with the method of calculating the rent under the instant lease agreement for three months prior to the expiration of the instant lease agreement). Defendant A paid the Plaintiff KRW 5,530,750 per month by the rent up to September 2014.

2. Determination

A. According to the facts of the judgment on the cause of the claim, since the lease contract of this case was terminated upon the expiration of the period, the defendant A removed the facility of this case, delivered the store of this case to the plaintiff, and delivered on October 1, 2014.

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