logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원충주지원 2016.09.29 2016가단20988
건물
Text

1. The Defendants shall leave from the real estate stated in the attached list.

2. The plaintiff's remaining claims against the defendant B.

Reasons

1. Basic facts

A. On November 18, 2015, the Plaintiff purchased from D Co., Ltd. (hereinafter “D”) the gas station building and its site indicated in the attached list (hereinafter “instant gas station”) from D Co., Ltd. (hereinafter “D”), and around that time, Defendant B, the representative of D, purchased the gas station and its site at KRW 2,200,000,000, and leased the instant gas station and its site at KRW 10,000 per month of rent (hereinafter “instant lease agreement”).

B. The Defendants currently possess the gas station of this case, and Defendant B did not pay the same up to the present day as the tea under the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The summary of the Plaintiff’s claim is that the Plaintiff terminated the instant lease agreement on the grounds that the Plaintiff did not pay rent by delivery of a copy of the instant complaint. As such, the Defendants were obligated to leave the instant gas station, and there was an agreement between the Plaintiff and the Defendant to transfer the name of permission for petroleum sales business to the Plaintiff, and even if not, Defendant B bears the said obligation upon termination of the lease agreement. 2) According to the facts acknowledged earlier, barring any special circumstance, Defendant B’s intention to terminate the instant lease agreement by expressing to the Defendant that the Plaintiff would terminate the instant lease agreement, barring any special circumstance, since Defendant B was in arrears for more than 2 occasions, and thus, the instant lease agreement was terminated. Therefore, the Defendants occupied the instant gas station without the title, and thus, are obligated to leave the instant gas station.

Meanwhile, there is no evidence to acknowledge that there was an agreement between the Plaintiff and the Defendant B on the transfer of name, and the lessee’s duty to restore the leased property upon termination of the lease is not only to transfer the possession of the leased property used by the lessee to the lessor, but also to the lessor’

arrow