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(영문) 대전지방법원천안지원 2012.07.13 2011가합2480
대지인도 및 건물명도 등
Text

1. On June 1, 2012, the Plaintiff (Counterclaim Defendant) paid KRW 169,00,000 to the Defendant (Counterclaim Plaintiff) and KRW 14,00,000 among them.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On September 25, 2001, the Plaintiff entered into a lease agreement with the Defendant on September 25, 2001 and newly constructed the instant building (hereinafter referred to as “the instant land”) with a view to using the Defendant as a restaurant by constructing a new building at his own expense on the instant land for the purpose of using it as a restaurant with regard to the 30,000,000,000,000,000,000, and the term of lease from October 15, 2001 to October 15, 2006 (hereinafter referred to as “the first lease agreement”).

(2) The original Defendant agreed to return the building newly built on the instant land to the Plaintiff after the termination of the contract, and the Defendant issued the instant land at his own expense, and newly constructed a square of 289.25 meters of general restaurant of the first floor of the 1st floor of the steel-frame roof, which was the instant building (hereinafter “instant building”). On November 15, 2001, the construction permission was granted on November 15, 2001, and the approval for use was granted on December 3 of the same year from the astronomical market, and the registration for preservation of ownership was granted on August 11, 2004 in the name of the Plaintiff.

The defendant has operated a restaurant in the name of D in the building of this case.

B. On October 4, 2006, the original Defendant concluded a second lease agreement with the effect that the first lease agreement shall be renewed, and the rent shall be the previous rent up to April 2007, and shall be increased by KRW 4,00,000 per month thereafter, and the term of the contract shall be from November 1, 2006 to October 31, 2008 (24 months) and from October 31, 2006 to the Plaintiff after the expiration of the contract, the second lease agreement with the effect that all the buildings, facilities (the interior part) shall be returned to the Plaintiff.

C. The original Defendant, who entered into a third lease agreement, shall again renew the second lease agreement, and the term of the contract on November 1, 2008 shall be 18 months until April 30, 2010, and shall be extended by December 31, 2010 in the absence of any special reason, and shall be restored to its original state after the expiration of the term of the contract (site condition).

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