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(영문) 인천지방법원 2015.11.17 2014가단13807

건물명도등

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 7,888,036 to the Defendant (Counterclaim Plaintiff) and its related amount from May 31, 2014 to November 17, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts of recognition are as follows: (a) evidence No. 1 and evidence Nos. 1 and 2 (the evidence No. 8, the same as evidence No. 8; hereinafter the same shall apply) of the Plaintiff’s agent’s testimony, comprehensively taking into account the purport of the entire pleadings, comprehensively taking into account the whole purport of the pleadings, the Defendant entered into a lease agreement with the Plaintiff on Oct. 5, 201 with a deposit of KRW 14 million with respect to Nos. 1, 2, and 3 of the first floor store among the building on the land of Nam-gu Incheon Metropolitan City (hereinafter “the building of this case”) owned by the Plaintiff, and operated 1,2, and 3 of the first floor store No. 1, 2, and 3 of the next month; and (b) the Defendant entered into a lease agreement with the Plaintiff on Apr. 6, 2012 and the housing of this case as KRW 20 million with respect to the Plaintiff and the building of this case as well as KRW 65 million.

5. The fact that the Defendant resided in the above house from around 15.1; (3) thereafter, the Defendant leased 4 units of 1st floor to KRW 350,000 per month in rent; and (4) on May 22, 2012, the original Defendant unilaterally prepared a lease contract (No. 1) with the Plaintiff on May 30, 2012 to May 30, 2014, with a deposit of KRW 34 million for the entire 1 and 2nd floor of the instant building; (4) on May 31, 2012, the Plaintiff unilaterally delivered the instant house to the Defendant on November 15, 2013, with a deposit of KRW 590,00,000,000,000,000,000,000,000 won (No. 4,000,000,000 won) to be returned to the Plaintiff on May 31, 2014.