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(영문) 수원지방법원 2018.12.20 2018가단518420
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) The Plaintiff is a trustor who, under the real estate security trust agreement concluded on July 18, 2017 with D and D, has the real estate (hereinafter “C Motor Vehicle Sales Price”) listed in the separate sheet 1 and 2, which is a motor vehicle-related facility, as a company established for the main purpose of real estate development, sale, and lease business.

(2) The defendant is a company established for the purpose of automobile transaction business, automobile transaction brokerage, consignment sale business, automobile installment-related financial service business, etc.

B. On August 4, 2017, the Plaintiff entered into a real estate lease agreement between the Defendant and the Defendant on a deposit amount of KRW 100,000,00,000, and three-year period for the Edong Edong exhibition center, Edong exhibition center, and Gdong exhibition center (hereinafter “instant commercial building”). Of these, the content of the instant case is as follows.

Article 1 (Indication of Rental Objects)

(c) Use: A lessee under Article 3 (Restriction on Use) of the automobile sales company shall lease the leased object for the purpose prescribed in Article 1, and shall not use it for another purpose without a prior written consent of the lessor;

If a lessee violates this contract, the lessor may terminate the contract immediately by written notification without due process and may request the restoration to its original state.

Where the lessee has committed an act falling under any of the following subparagraphs, the lessor may terminate the contract without any separate procedure, such as a peremptory notice of performance, etc.:

(1) Where the lessee fails to perform the lessee's obligations prescribed in this contract, or evades or violates it by intention or fraudulent means.

C. The plaintiff's notification of the cancellation of the lease agreement (1) The defendant was transferred to the commercial building of this case from the plaintiff and engaged in the automobile sales business.

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