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(영문) 대전지방법원홍성지원 2019.06.25 2019가단30174

기타(금전)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 3,00,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 4, 2018 to January 18, 2019.

Reasons

1. Basic facts

A. Land and buildings ownership change 1) D, 350 square meters (hereinafter “instant land”) in Hongsung-gun, Chungcheongnam-gun, Chungcheongnam-do, and neighboring land shall be marked in the same manner as “E-Land”.

) From June 3, 197, F was F-owned land. The land was originally I 1,409 square meters, and 350 square meters out of April 3, 2006, which was the land of this case. F was the land of this case on the ground. F was the land of this case 182.52 square meters and 118.8 square meters (road name address: Hong-gun, Chungcheongnam-gun, and hereinafter referred to as “instant building”).

(2) On February 26, 2009, the Plaintiff completed each registration of ownership transfer on April 1, 2009, respectively. < Amended by Presidential Decree No. 21358, Apr. 1, 2009>

3) On August 8, 2018, the Plaintiff sold the instant land and building in KRW 345 million to H and completed the respective registration of ownership transfer on October 4, 2018. (B) On February 24, 2007, the Defendant concluded a contract with F to lease the instant building by setting the deposit amount of KRW 30 million from F, monthly rent of KRW 70,000 (payment on February 20, 2007) from February 20, 2007 to February 19, 2009.

2) After the Plaintiff purchased the instant land and building from F, on March 30, 2009, the Plaintiff and the Defendant concluded a contract with the Plaintiff to lease the instant building with a deposit of KRW 30 million, monthly rent of KRW 700,000 (payment on March 30, 2009), and the lease term of KRW 2 years until March 31, 2009 (hereinafter “instant lease agreement”).

(3) On June 15, 2009, the Plaintiff registered its business as to the real estate leasing business by making the location of the instant building and the opening date of the business as of April 1, 2009.

However, in addition to monthly rent of KRW 700,000 from the defendant, there was no value added tax separately.

4. The Plaintiff and the Defendant have renewed the instant lease agreement on April 1, 2017.