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(영문) 의정부지방법원고양지원 2015.09.04 2014가단28889

건물명도 등

Text

1. The counterclaim of this case shall be dismissed.

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

(a) the annexed list;

Reasons

1. Basic facts

A. At around 2006, the Plaintiff and the Defendant purchased from the principal seller the Yongsan-gu Seoul Metropolitan Government 26 Dong-dong 1901 (hereinafter “instant apartment”). The Plaintiff agreed to own the shares of 1/3 and 2/3, but thereafter, the Defendant agreed to pay KRW 200 million to the Plaintiff on the condition that the entire shares of the instant apartment will be transferred from the principal seller to the Plaintiff (hereinafter “instant agreement”). Accordingly, the Plaintiff paid KRW 200 million to the Defendant (hereinafter “the instant purchase price”) and occupied the instant apartment.

B. On June 13, 201, the Defendant, at the real estate listed in the separate sheet (hereinafter “instant commercial building”), transferred the deposit deposit amount of KRW 50,000,000 to the Plaintiff with respect to the D Licensed Real Estate Agent Office (hereinafter “instant brokerage office”) that the Defendant operated, and notified the lessor of the transfer of the claim. On August 1, 2011, the Defendant concluded a lease agreement with the Plaintiff, setting the deposit amount of KRW 34,00,000 with respect to the instant commercial building under the Plaintiff’s name.

C. On October 19, 201, the Defendant prepared and delivered a letter of performance with the effect that, in the event that the Plaintiff fails to comply with the instant agreement by December 31, 2011, the Plaintiff provided security equivalent to the instant purchase price, and, in the event that the instant brokerage office fails to provide security, the Defendant would waive the security deposit and rights as to the instant brokerage office (hereinafter “the first letter”).

The Defendant shall be KRW 219,865,680 as of December 31, 2011 to the Plaintiff on December 2, 2011. Here, KRW 169,865,680, out of KRW 50,000 that the Plaintiff borrowed from the Defendant, 169,865,680, the amount of KRW 100,000, whichever is calculated by deducting the amount of KRW 50,000 that the Plaintiff borrowed from the Defendant, shall be deemed as the deposit money for the Defendant with respect to the instant apartment. The amount of KRW 69,00,000 per annum from January 1, 2012 to March 31, 2012 to KRW 6% per annum from March 31, 2012, and the rent for the instant apartment in 20