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(영문) 대전지방법원서산지원 2016.08.17 2015가단11191

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 8, 2007, Dong Mine Comprehensive Land Co., Ltd. entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 44020,000 and the lease period from July 16, 2010 to July 30, 2014 with respect to the real estate listed in the attached list, which is a public construction rental housing (hereinafter “instant apartment”).

On August 25, 2014, the lease deposit was changed to KRW 4,622,00,000 and the term of lease was changed from July 31, 2014 to July 30, 2015.

(hereinafter the above lease agreement is "the instant lease agreement," and the contract prepared at the time is "the instant lease agreement."

At that time, the defendant paid the lease deposit to the Dong Mine Comprehensive Construction Co., Ltd., and received the delivery of the apartment of this case.

C. On December 30, 2014, the instant apartment complex was changed from the Dong Mine General Co., Ltd. to the riju Development Co., Ltd. on December 30, 2014; on June 1, 2015, the Sung Il Housing Co., Ltd. (hereinafter “Sriwon”) changed the trade name on June 10, 2015, and on October 29, 2015, the Plaintiff (MM loan Co., Ltd., Ltd., Ltd.) changed the trade name on October 15, 2015 from the “Srisung Loan Co., Ltd., Ltd.” to the “Srisung Ii Ii Ii Ii Ii Iiland.” (hereinafter “stock company’s name” was omitted).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination on the main claim

A. On July 28, 2015, the Plaintiff’s assertion that the lease contract was renewed under a new condition since the Defendant notified the Defendant that the lease deposit for the instant apartment was increased by KRW 2.31 million.

However, the defendant did not pay the increased lease deposit and sublet it to another person without moving into the apartment of this case.