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(영문) 부산지방법원 2017.03.08 2015가단81675

건물명도등

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

(a) the indication of the attached drawings among the real estate listed in the attached list;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

On August 10, 2003, the Plaintiff entered into a lease agreement with B, the Defendant’s mother, with respect to the portion of 220 square meters inboard connected each point of the attached Form 1, 2, 3, 4, and 1 among the real estate listed in the attached Table owned by the Plaintiff (hereinafter “instant real estate”). As to the real estate owned by B, B entered into a lease agreement with B to lease the instant real estate from August 1, 2003 to December 31, 2003.

In the event that both parties do not express their intention not later than one month prior to the expiration of the lease term, the Plaintiff and B stipulated that the above lease contract should be extended for 12 months under the same condition. Accordingly, while the above lease contract was renewed, B, who did not pay rent, requested the Plaintiff to renew the above lease contract by changing the contractor from B to the Defendant around August 2014.

On August 2014, the Plaintiff and the Defendant re-established a lease agreement with the Defendant setting the deposit amount of KRW 13.2 million per month, KRW 13.2 million per month, KRW 13.2 million per month, and the lease term from August 1, 2014 to July 31, 2015.

(hereinafter “instant lease agreement”). Contents of “Agreement on the Transfer of Security Deposit” prepared at the time of re-preparation of the said lease agreement are as follows:

[Agreement on Transfer and Acquisition of Security Deposit] In relation to this case, it is confirmed that the same side margin (hereinafter referred to as "A"), C (hereinafter referred to as "B,") and A (hereinafter referred to as "A") have agreed to:

Fact-finding relations

1. The relationship between “A” and “B”: A and “B” shall keep the rental deposit amounting to KRW 13.2 million paid to B in accordance with the lease agreement for the Dong-gu Busan Metropolitan City, Dong-gu, and the second floor of buildings owned by “A.”