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(영문) 대구지방법원 2018.09.11 2017가단124874

건물인도등

Text

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

(a) Attached Form 1. Of the real estate listed in the annexed Table 1 list.

Reasons

1. Basic facts

A. On June 9, 2017, the Plaintiffs: (a) entered into an agreement with the Defendant on June 1, 2017 on KRW 1,2,3,4,5,6,7,8,9,10,11,12, and 1 of the attached Table 1 drawings among the instant real estate; (b) entered into a lease agreement with the Defendant on June 1, 200, KRW 27.75 square meters in each column of the attached Table 1 drawings; (c) entered into a lease agreement with the Defendant on June 1, 200, KRW 20,000 on the date of the lease deposit (hereinafter “instant real estate”); and (d) entered into a lease agreement with the Defendant on June 1, 200, KRW 200, KRW 10,000 on the date of the lease deposit and the boiler room; and (e) paid KRW 1,23,000,000 on the date of the lease agreement (hereinafter “the instant real estate”).

B. At the end of June 2017, the Defendant did not pay the intermediate payment and the remainder agreed upon at the time of the instant lease agreement until the due date for the use of the instant real estate by delivery from the Plaintiffs. The Defendant again agreed to pay the intermediate payment and the remainder by July 17, 2017, but did not pay the said agreed date only.

C. On August 1, 2017, the Plaintiffs sent to the Defendant a certificate of content that the instant lease agreement is automatically terminated at the time of payment by the payment by the 10th day of the same month, along with the notice of performance requesting the Defendant to pay the intermediate payment and the remainder. The above content certification was served to the Defendant on August 2, 2017, but the Defendant was served with the said certificate of content, and the said intermediate payment and the remainder was entirely not paid upon the lapse of August 10, 2017.

On the other hand, Article 20 of the Special Agreement on the Lease of this case ("the Special Agreement") provides that the plaintiffs shall pay an excessive loan.