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(영문) 의정부지방법원 2020.07.03 2019가합54641

건물명도(인도)

Text

Defendant C Co., Ltd., Ltd., against the Plaintiff (Counterclaim Defendant)

(a) deliver each real estate listed in the separate sheet;

(b) May 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 3, 2015, the Plaintiff entered into the instant lease agreement with Defendant B, each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

(2) A lease deposit was leased KRW 30,000, monthly rent of KRW 2,150,000 (excluding value-added tax) and the lease period from July 20, 2015 to July 20, 2016. A lease deposit was paid KRW 30,00,000 from Defendant B around July 20, 2015. The Plaintiff delivered the instant real estate to Defendant B around July 20, 2015. (2) The said lease was continued through an implied renewal after July 20, 2016, and the Plaintiff concluded the lease agreement in lieu of the lease agreement with Defendant B and the instant real estate from July 17, 2017 to July 20, 200, the lease agreement was renewed as follows: (a) the lease agreement was concluded in lieu of the lease agreement with the previous KRW 2,50,000 (value-added tax) and from January 20, 2018 to July 10, 2019.

3) The instant lease agreement contains the following: (a) the lessee is obliged to pay the lessor a delayed payment of 20% (Article 4); (b) the lessee may not transfer the right of lease to a third party or sub-lease the instant real estate without the lessor’s consent (Article 6(1)); (c) the lessee may rescind the relevant lease agreement if the lessee violates his/her duty under the instant lease agreement or fails to pay the rent for at least two (2) years; (b) the lessee is obliged to lawfully dispose of industrial garbage (Article 1 of the special agreement). (c) Defendant B, the husband of the instant real estate from July 20, 2015, along with D, engaged in manufacturing and wholesale of the instant real estate with the trade name “E” from around July 20, 2015, and occupied and used the instant real estate from May 1, 2018.

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