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(영문) 광주지방법원목포지원 2020.10.20 2017가합12399

건물명도(인도)

Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The defendant (Counterclaim plaintiff)'s counterclaim is dismissed.

3...

Reasons

Basic Facts

A. The Plaintiff is a company that conducts housing construction business, real estate leasing business, etc., and the Defendant is a company that manufactures and sells clothes.

B. On May 18, 2015, the Plaintiff newly constructed six shopping malls of the name “D” and the size of the second and fifth floors above the ground on the five parcels, including Hepoposi C, and completed registration of preservation of ownership in the name of the Plaintiff.

C. On January 17, 2014, the Plaintiff entered into a contract with E to pay KRW 20,00,000 (including value-added tax) for each unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of approximately 100 units of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of

D guide documents produced by E for attracting D salesroom occupants (hereinafter referred to as “instant guide documents”) include D 6 drawings of each floor, and each drawing is divided into F and 37 business entities’ trade names into rooms, and is described as “G Dong Daz theme park H 500 square meters,” “MD status, present brand shop occupants available for the above brand outside the above brand, I, J, and the second floor drawings.”

E. At around March 2015, N in charge of the duties under the instant service contract, around March 2015, sent the instant guide to the Defendant and recommended the Defendant to rent in D.

F. From May 1, 2015 to April 30, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the lease deposit amount of KRW 100,000,000 (excluding value-added tax), the lease deposit amount of KRW 5,800,000 (excluding value-added tax) with respect to D building O, P, and Q (hereinafter “instant store”), and the rent was agreed to be paid from May 1, 2015, five months thereafter, and the Defendant paid KRW 100,000,000 to the Plaintiff.

On the other hand, the Plaintiff.