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Reasons
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(영문) 수원지방법원 2014.10.16 2013가단219155
건물명도
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1. The Defendant (Counterclaim Plaintiff) receives KRW 70,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On November 30, 2008, the Plaintiff entered into a lease contract with the Defendant for the first floor among the real estate listed in paragraph (1) of the attached Table No. 1, with the term “one story: Two stores; two street stores; and one million won for rent; and the term of lease from November 30, 2008 to November 30, 2013 (hereinafter “instant lease contract”). The part to be leased of the instant lease contract and the area column include the phrase “one story: two stores; and one street store.”

B. After February 3, 2013, the Plaintiff and the Defendant drafted each of the following in relation to the instant lease agreement.

A person shall be appointed.

1. The Defendant is operated by December 31, 2013, and the deposit amount of KRW 70 million from February 2, 2013 to February 31, 2013 shall be as is, and the monthly rent of KRW 1.5 million from February.

2. The lessee and the lessor shall endeavor to rent the store officially;

3. The Plaintiff is working for a store lease separately after February 2, 2013.

4. The defendant shall endeavor and cooperate to lease a store to a third party on condition that the store is changed;

A person shall be appointed.

C. On April 9, 2013, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the Defendant sub-leased part of the leased object of this case without the Plaintiff’s consent.

Among the real estate listed in paragraph (1) of the attached Table No. 7, 8, 9, 10, and 7 among the real estate listed in paragraph (1) of the attached Table No. 1 of this case, there is no dispute between the parties as to the fact that the part of the ship's unit attached to the real estate No. 10, 11, 12, 13, 14, 15, and 10 are attached to the real estate No. 10, 11, 12, 13, 14, 15, and 10, connected each point in order to the real estate No. 16, 17, 18, 19, and 16 are attached to the real estate No. 3 of the attached Table No. 3 of the attached Table No. 1 of this case.

[Ground of Recognition] Facts without dispute, Gap 1 to 5 evidence (including a branch number) respectively.

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