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(영문) 서울중앙지방법원 2018.05.08 2017가합528993

건물명도(인도)

Text

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

A. The payment of KRW 50,000,000 is received from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Around February 201, the Plaintiff entered into an agency contract with the Defendant on the B (hereinafter “instant agency contract”) with the content that the Defendant would sell the other terms when the Plaintiff supplied the other terms, etc., and the contract term of the instant agency contract was set as “five years from the date of the contract, but it shall continue to be renewed under the same conditions as from the following day after the expiry of the contract, unless both parties express their intent at the end of the contract.”

B. On February 25, 2011, the Plaintiff and the Defendant concluded and renewed a lease agreement. Each part of the real estate indicated in the attached Table No. 1 of the real estate indicated in the Disposition No. 1 (hereinafter “instant real estate”) is used for the instant agency’s business facilities.

As to the lease deposit, KRW 50,00, monthly rent of KRW 1,800 (payment by the 10th day of each month), monthly management expenses (payment by the 10th day of each month), KRW 1,200,000 (payment by the 10th day of each month), and the period from February 25, 201 to February 24, 2012, the Plaintiff entered into a lease agreement with the Defendant to lease it. The Defendant completed business registration under the name of the Defendant and operated the instant agent on the instant real estate after completing business registration. (ii) The Plaintiff and the Defendant renewed the lease by the method of concluding a new lease agreement on a yearly basis on February 28, 2015 with the lease term of KRW 2,546,00 (payment by the 10th day of each month), monthly management expenses (payment by the 10th day of February 25, 2015), and the period from February 28, 2015 to the end of each month.

C. On February 3, 2016 and February 22, 2016, the Plaintiff, including the Plaintiff’s refusal to renew the lease contract, is the Defendant’s expiration date on February 28, 2016, and thus, on February 28, 2016.