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(영문) 수원지방법원안산지원 2017.08.09 2017가단50464

기타(금전)

Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall register with the Suwon District Court, and on September 14, 2004.

Reasons

1. The following facts may be acknowledged in light of the overall purport of the pleadings in the descriptions of Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 to 3, Gap evidence No. 5, and Eul evidence No. 6, and there is no counter-proof.

Attached Form

As of December 29, 2003 with respect to the real estate stated in the list (hereinafter “instant real estate”), Nonparty Korea Co., Ltd. (hereinafter “Nonindicted Korea Co., Ltd.”) acquired ownership, but the Plaintiff acquired ownership as of February 27, 2015.

B. On July 1, 2004, the non-party company entered into a contract with the defendant to lease not only the instant real estate but also 100 million won of the lease deposit (hereinafter “the instant lease contract”) by combining not only the instant real estate with the number of 107 and 1111 of the same building, and established a registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) with respect to the instant real estate as of September 14, 2004 as of September 14, 2004 by the Suwon District Court No. 90365, Jun. 31, 2005, as to the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”).

C. The non-party company remitted KRW 93,918,200 out of the above lease deposit to the defendant on February 28, 2007, to the defendant on March 14, 2007, and to leave the real estate of this case by March 17, 2007.

If it is not withdrawn, it is expected to claim damages including unpaid rents (500,000 won a month) from January 2006.

The defendant sent the certificate of content to the non-party company, and later delivered and removed the real estate of this case to the non-party company.

2. Summary of the parties’ assertion

A. The Plaintiff, as the cause of the instant claim, determined that KRW 50,000 should be paid monthly rent for the instant lease agreement, but the Defendant failed to pay it from January 2006, and the Nonparty Company terminated the instant lease agreement on the ground of the Defendant’s delinquency in rent, and deducted KRW 6,081,80 from the unpaid rent and management fee on February 28, 2007.