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(영문) 서울중앙지방법원 2021.01.29 2020가합516648

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the land and buildings listed in the separate sheet;

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the land (hereinafter “the instant land”) and the building (hereinafter “the instant building”) indicated in the attached list, and the Defendant is the one who leased the instant land and buildings from the Plaintiff.

B. On December 27, 2014, the Plaintiffs and the Defendant concluded a lease agreement with respect to the instant land and buildings (hereinafter “instant lease agreement”) as follows.

From December 27, 2014 to December 27, 2019, the lease deposit amount of KRW 100,000: KRW 2,750,000 (per month rent of KRW 2,50,000) (per month value-added tax of KRW 250,000) paid to the Plaintiffs on January 23, 2015.

(c)

Around March 2019, the Plaintiffs sent to the Defendant a certified mail containing the content that “A person has no intention to renew or renew the instant lease agreement” and the said content certified mail reached the Defendant around that time.

2) On October 28, 2019, the Plaintiffs returned 52,700,000 won remaining after deducting the Defendant’s overdue rent from KRW 100,000,000, which was the lease deposit under the instant lease agreement, to the Defendant.

3) The Defendant is occupying the instant land and building up to now.

(d)

In order to raise construction funds for remodeling, etc. of the building of this case, the Defendant prepared a false lease agreement of KRW 300,000,000 for the lease deposit (hereinafter “the act of preparing the false lease agreement of this case”) and received a loan of KRW 200,000 from D after submitting the said lease agreement to D Co., Ltd.

2) Since then, D Co., Ltd. is against the Defendant for a loan agreement or tort compensation, and against the Plaintiffs, it is against the Defendant.