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(영문) 춘천지방법원속초지원 2015.03.03 2014가단2824
건물명도 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 1 and 2.

On June 10, 2011, the Plaintiff entered into a lease agreement on the first floor (hereinafter “instant lease agreement”) of the building indicated in the attached Table 1 (hereinafter “instant store”) with Defendant Non-Seo Flag et al. (hereinafter “Defendant Company”).

The main contents of the above lease agreement are as follows.

- - For the purpose of use: 200,000,000 won: (1) The term of the lease contract shall be from the date of conclusion of this contract to the date of 36 months;

(2) If the other party does not express his/her intent to modify the conditions in writing two months before the expiration of the above period, it shall be automatically extended one year on the same condition.

Article 5 The Plaintiff shall consent to the occupation and use of the store in and outside of the store for the convenience store business of the Defendant Company, and the occupation and use of the store by the affiliated company of the Defendant Company, and shall also cooperate in all matters of authorization and permission obtained to achieve the purpose of business.

B. Since then, the Defendant Company had Defendant B, a franchisor of the Defendant Company, use the instant store, and Defendant B currently operated and occupied convenience stores at the instant store.

2. The summary of the cause of the instant claim concluded the instant lease agreement with the Plaintiff, and the Defendant Company made an oral agreement with the Plaintiff to “transfer the right to operate the said convenience store from the expiration of the said lease term to the Plaintiff” (hereinafter “instant agreement”).

However, since the defendant company did not implement the above arrangement, the contract of this case was terminated upon the expiration of the contract. The contract of this case was not terminated upon the expiration of the contract.

Even if the defendant company subleases the store of this case to the defendant B without the plaintiff's consent.

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