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(영문) 부산지방법원동부지원 2017.10.25 2017가단1075
건물명도(인도)
Text

1. The defendant

(a) deliver the real estate listed in Appendix 1;

B. From June 1, 2017, above A

subsection (b).

Reasons

1. Basic facts

A. C completed the registration of ownership preservation on the instant real estate on December 28, 2001, and completed the registration of ownership transfer on September 10, 201 to D, who is the Plaintiff and his spouse, for each of the instant real estate on August 2, 2010.

B. The Defendant entered into a lease agreement with C on June 1, 2006 with respect to the instant real estate, and completed a report on the instant real estate, the fourth and fifth floors of the same building, and the five floors of the same place of business (hereinafter “report on the instant business”) around 2008, while running an unauthorized accommodation business in the instant real estate from around that time.

C. The defendant Na

Around June 1, 2011, when the Plaintiff’s husband and wife acquired the ownership of the instant real estate in accordance with the instant lease agreement, the Plaintiff entered into a lease agreement with the Plaintiff on the terms of KRW 2 years of lease term, KRW 30,000,000, monthly rent of KRW 1,100,000, and thereafter, the lease term was extended by an agreement with the Plaintiff.

C. The term of lease was extended by one year as the Plaintiff did not notify the Defendant of the refusal to renew the lease contract or any change in the terms and conditions between six months and one month before the expiration of the extended term of the lease contract, and thereafter, on May 31, 2015, the expiration date of the extended term by implied renewal, the Defendant concluded a lease contract (hereinafter “instant lease contract”) with the Plaintiff on the terms and conditions of KRW 30,000,000 for lease deposit and KRW 1,150,000 for monthly rent, until November 30, 2016.

E. The main provisions of the instant lease agreement are as follows.

Article 5: If a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall make a deposit.

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