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(영문) 의정부지방법원 고양지원 2018.04.12 2017가단71464
건물명도(인도)
Text

1. At the same time as receiving KRW 50,000,000 from the plaintiff

A. The Defendants shall jointly and severally list the Plaintiff.

Reasons

1. The Plaintiff asserts that the Defendants cannot comply with the Plaintiff’s request for extradition while exercising the right to claim reimbursement for beneficial expenses, ② the right to claim purchase of attached papers, ③ the right to claim the return of deposit money, and ③ the right to claim the return of the deposit money, on the part of the attached sheet 1, 2, 3, 4, 5, 6, and 9.97 square meters on the part of the ship (hereinafter “instant store”). The Plaintiff leased the right to lease on a deposit basis to the Defendants for a two-year period, and the right to lease on a deposit basis was implicitly renewed and delivered.

2. Basic facts

A. On May 2005, the Plaintiff leased the instant store to the Defendants (the Defendants are married couple. Defendant C is the husband’s husband E).

From October 5, 2005, Defendant C is running a business after completing business registration.

B. On June 2, 2005, the Plaintiff established a right to lease on a deposit basis with Defendant B regarding the instant store.

(Reasons for Registration: contract to establish a contract, right holder, and other matters on May 21, 2005: 50,000,000 won for lease on a deposit basis, from May 21, 2005 to May 21, 2007, the repayment period shall be May 21, 2007.

On July 20, 2016, the Plaintiff notified the Defendants of the termination of the lease agreement.

The defendants extended toilets and multi-use rooms while operating the store of this case. This is illegal buildings.

(Reasons for Recognition) Evidence No. 1, Evidence No. 3-1, Evidence No. 6-1, and each of Evidence No. 6, fact-finding results of fact-finding for PPPP, the whole purport of the pleading.

3. Termination of a lease contract and chonsegwon; and

(a) Where the lease is implicitly renewed, the effect of termination shall expire six months if the lessor is notified of the termination (Articles 639 and 635 of the Civil Act) and the right to lease on a deposit basis shall expire equally;

(Article 313 and Article 312 of the Civil Act). (b)

On July 20, 2016, the Plaintiff notified the termination of the lease, and even if so, on the right to lease on a deposit basis.

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