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(영문) 제주지방법원 2018.12.20 2018가합35

건물인도 등

Text

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

(a) deliver the real estate listed in the separate sheet;

B. November 30, 2017

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 1, 2013, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C from November 1, 2013, with a deposit of KRW 10 million, monthly rent of KRW 1.3 million, and the contract period from November 1, 2013 to November 1, 2018.

After entering into the lease agreement of this case, the defendant has occupied the franchise of this case.

B. C sold the instant real estate to D Co., Ltd. (hereinafter “Co., Ltd.”) on September 22, 2015, and completed the registration of ownership transfer to the said company on the same day.

Japan: The sum of KRW 70,000 (70,000) shall be paid to the defendant of the lessee of the instant telecom, and the period shall be the same until October 31, 2016.

Provided, That the monthly rentr shall grant five-day time to the relationship of people.

In September 29, 2016, the advance payment interest rate shall be paid to the defendant on September 29, 2016, and the remainder KRW 0,000 shall be paid to the defendant before the non-payment date.

By October 24, however, the above amount shall be charged with all civil and criminal responsibilities if it is not done until the above date after the full payment was made.

C. On September 29, 2016, the Defendant and D Co., Ltd. drafted a written agreement with the following contents, and D paid 20 million won in advance on the same day to the Defendant.

Around November 2, 2016, the Defendant drafted a written agreement (hereinafter “instant agreement”) stating that “The Lessee Co., Ltd. and the Lessee’s Defendant shall immediately receive KRW 50 million for the Lessee’s Defendant (within one month). The Lessee will not pay rent to the Lessee’s building owner” (hereinafter “instant agreement”).

E. The Plaintiff filed a lawsuit against D to file a claim for ownership transfer registration with respect to the instant telecom, and was sentenced to a judgment ( Jeju District Court 2016Gahap1089), and the registration of ownership transfer based on the above judgment on November 30, 2017 is completed on October 1, 2015.