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(영문) 광주지방법원목포지원 2020.02.05 2019가단5169
건물명도(인도) 등
Text

1. The defendant shall be the plaintiff.

A. At the same time, the Plaintiff received KRW 380,00 from the Plaintiff, among the real estate listed in the attached Form.

Reasons

1. Basic facts

A. On September 15, 2015, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the terms and conditions that the Plaintiff, the owner of the real estate indicated in the attached Form, who is the owner of the attached property, successively connects each point of (A) part of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the real estate listed in the attached Form, with the Defendant as indicated in the attached Form No. 98.98 square meters of a resting restaurant (hereinafter “instant building”) to the Defendant, with the lease deposit of KRW 1,00,000 won, monthly rent of KRW 740,000 on October 1, 2015, and from September 30, 2017.

B. The Defendant paid a deposit of KRW 10 million to the Plaintiff, and operated a coffee shop in the instant building, and the period of the instant lease agreement was extended by September 31, 2019.

C. The Defendant did not pay the monthly rent of April 2016, March 2017, and August 2018, and paid KRW 7.4 million out of the monthly rent in arrears on February 19, 2019.

On July 16, 2019, the Plaintiff notified the Defendant that he/she had no intent to extend the term of the instant lease agreement and that he/she should deliver the instant building by September 30, 2019, which is the expiration date of the term of the instant lease agreement. On July 25, 2019, the Plaintiff sent the notification of termination of the lease agreement to the same effect, and during that period, the Defendant sent the details of monthly transfer that he/she transferred the instant building by July 25, 2019, three times in 2015, three times in 2016, nine times in 2017, nine times in 2017, four times in 2018, and 11 times in 2019.

E. On September 2, 2019, the Plaintiff sent the instant building to the Defendant by September 30, 2019, and sent a notice of termination of the lease agreement to take legal measures at the time of non-delivery.

F. Accordingly, on September 9, 2019, the Defendant sent a certificate of content that demands the protection of the premium of KRW 45 million under the Commercial Building Lease Protection Act, and the renewal of the lease contract and the guarantee of the lease period of KRW 5 years.

G. On September 10, 2019, the Plaintiff had long been the Defendant.

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