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(영문) 대구고등법원 2017.02.01 2016나1060
건물명도
Text

1. The judgment of the first instance, including the claims modified and expanded in the trial, shall be modified as follows.

Reasons

1. The following facts do not conflict between the parties to the principal lawsuit and the counterclaim, or may be acknowledged by each description of Gap evidence Nos. 1 through 9 (including any number, if the facts are not indicated specially; hereinafter the same shall apply), the results of the first instance appraiser C and D, and the purport of the whole pleadings. The results of the partial supplementary appraisal by the first instance appraiser H are not trustable, and there is no other counter-proof.

The plaintiff is a corporation with the purpose of social welfare services and is the owner of the building listed in the attached Table 1 (the original purpose was a dormitory and warehouse; hereinafter referred to as the "building of this case").

B. On October 16, 2009, the Plaintiff entered into a contract with the Defendants to lease the instant building (hereinafter “instant lease contract”) with the following terms, and around that time, received KRW 100,000,000 from the Defendants and delivered the instant building to the Defendants.

Article 2 of the real estate lease agreement between the lessor and the lessee on Article 1 of the real estate lease agreement (payment on the 25th day of each month), the lessee shall pay the lessor the deposit amount of KRW 100,000,000 on the day of the contract, and the third real estate lease agreement between the lessor and the lessee may be reconstructed or altered with the approval of the lessor on the 36th day before the date of the order of the lessee. However, the third real estate lease agreement between the lessee and the lessee on the 6th day after the date of conversion of the real estate can be concluded on the 36th day after the date of the order of the lessee. However, Article 6 of the Act provides that the lessee shall pay the deposit amount of KRW 1,00,000 on the 25th day after the date of the conversion of the real estate.

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