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(영문) 서울중앙지방법원 2020.02.10 2018가단5145096

건물명도(인도)

Text

1. The counterclaim Defendant: 48,788,00 won to the counterclaim and 15% per annum from November 16, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On January 2, 2017, the counterclaim Defendant is attached from C and D on January 2, 2017

1. On February 28, 2017, the building entered in the list (hereinafter “instant building”) was purchased, and the registration of ownership transfer was completed in the name of a counter-defendant as Seoul Central District Court receipt No. 37411.

B. 1 Of the first floor of the instant building from C and D on May 24, 2013, 2013, the 1 Plaintiff was attached thereto.

2. On-board 25.92 square meters (hereinafter “instant store”) connected with each point of 1,2,3,4, and 1 each of the drawings were leased by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 6 million, and the lease term from June 18, 2013 to June 17, 2015.

2) On June 15, 2015, the Lessee extended the rent of the said lease agreement with C, D, and the said lease agreement to KRW 8 million per month (excluding value-added tax), and concluded a new lease agreement with the effect that the lease agreement is extended from June 18, 2015 to June 17, 2017 (hereinafter referred to as “instant lease agreement”).

(C) C. (1) The counterclaim Defendant sent to the counterclaim on March 3, 2017, a written statement stating that “The instant lease agreement is terminated on June 17, 2017, and thus would be restored to its original state and returned to its original state.”

2) On March 29, 2017, the counterclaim presented a document stating that “The instant lease contract is terminated on June 17, 2017, and requires renewal, and demands to protect the opportunity to recover the premium.” D. 1) The counterclaim Defendant sent a document stating that “The counterclaim Defendant sent to the counterclaim on April 13, 2018 and May 14, 2018, and “the counterclaim Defendant notified the counterclaim that the instant lease contract period was terminated on June 17, 2017,” and that “the period of the instant lease was terminated on March 3, 2017, but the existing contract was renewed on one year on the condition that the contract was terminated on June 17, 2018, and returned to the original state.”

2. On May 28, 2018, the Counterclaim Defendant: (a) even if the instant lease contract is terminated, the Counterclaim Defendant wishes to recover the premium, and (b) the Counterclaim Defendant is the Counterclaim Defendant.