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(영문) 수원지방법원 성남지원 2018.08.10 2017가단228341
건물명도(인도)
Text

1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 14,750,000 and its amount from January 11, 2018.

Reasons

The principal lawsuit and counterclaim shall be judged together.

Basic Facts

- The Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”) co-owned each of 1/2 shares of the buildings listed in the attached Table 1,409 square meters and the attached Table 1/2 on the land of Gwangju City D Special Metropolitan City.

- On March 12, 2011, the Plaintiffs leased part (A) of 66 square meters to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) under the conditions as to KRW 30,00,000, monthly rent of KRW 1,000,00, monthly rent of KRW 1,000,000, monthly rent of KRW 31, the contract period of March 31, 201, through March 30, 2013, among the buildings listed in the attached list, to the Defendant (hereinafter “Defendant”).

- On November 30, 201, the Plaintiffs leased a deposit of KRW 10,00,000, monthly rent of KRW 550,000, monthly rent of KRW 30,00, monthly rent of KRW 30,00 from August 31, 201 to August 30, 2013 (hereinafter collectively referred to as “instant lease agreement”) to the Defendant on the part of KRW 33,00,00 in the attached specification (a) and part of KRW 66,00 and part of KRW 33,00 in the attached specification among the buildings listed in the attached list (hereinafter referred to as “instant commercial building”).

- The Defendant paid to the Plaintiffs a total of KRW 40,00,000,00, and operated a restaurant with the trade name “E” after being handed over from the Plaintiffs. The instant lease agreement was renewed on March 30, 2013 and August 30, 2013, respectively.

- The instant lease agreement was renewed even after it was renewed, and the Plaintiffs filed the instant lawsuit against the Defendant on November 29, 2017 on the premise that the instant lease agreement was terminated, and the Defendant delivered the instant commercial building to the Plaintiffs on December 29, 2017.

- The Plaintiffs returned KRW 17,000,000 to the Defendant out of the lease deposit for the instant commercial building.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, and Gap evidence No. 7 are numbers.

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