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(영문) 수원지방법원성남지원 2015.11.27 2013가단14704
건물인도 등
Text

1. The plaintiff (Counterclaim defendant) A:

A. Defendant (Counterclaim Plaintiff) C: (a) KRW 83,746,257; and (b) from April 20, 2014 to April 20, 2015.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On September 22, 2003, the Plaintiff and the counterclaim Defendant were married, and completed the registration of ownership transfer under the name of the Plaintiff with respect to E-Gu, Sungnam-si, Sungnam-si, and 400.7 square meters. On October 2008, the Plaintiff constructed a building listed in the separate sheet (hereinafter “instant building”) on the above site and completed the registration of ownership preservation on November 5, 2008 in the name of the Plaintiff.

The counterclaim Defendant has the authority to actually manage the building of this case.

B. From November 2008, Defendant C, who assisted the construction, etc. of the building of this case, used the first floor and the rooftop floor of the building of this case without compensation. Defendant C had resided around that time in the rooftop floor of the building of this case and operated the restaurant with Defendant D, who is his father from the first floor of the building of this case.

C. On June 28, 2012, the counterclaim Defendant filed a lawsuit against the Defendants, as Suwon District Court Branch Branching 201Gadan44855, and the said court handed over the Plaintiff, Defendant C, in whole, the rooftop floor (the 5th floor) of the instant building, and the Defendants rendered a favorable judgment against the counterclaim Defendant (hereinafter “related judgment”), and the Defendants appealed, and the withdrawal of the lawsuit was finalized on December 10, 2012, upon withdrawal of the lawsuit by the counterclaim Defendant.

Since then, the plaintiff and the counterclaim defendant filed the principal lawsuit of this case, and the defendant C filed the counterclaim of this case, and on August 18, 2015, some of the part of the delivery of the building that entered into a lease agreement with the following terms was established.

1. The Plaintiff, the counterclaim Defendant, and the Defendant C enter into a lease agreement with the following terms on the part of 164 square meters (the fifth floor part) in the ship connecting each other in sequence of the total number of the first floor among the real estate listed in the separate sheet and the points indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 7, 8, and 1.

Lease Deposit: 100 million won

(b) Rent: 2970,000 won per month (including value-added tax);

(c) Term of lease:

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