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(영문) 전주지방법원 2018.09.07 2017가단287
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 30,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The lease agreement between the defendant and the non-party D, and the conclusion of premium agreement between the non-party F, G, H, I, D, and J are real estate listed in the separate sheet (hereinafter “the instant real estate”).

(2) On January 3, 2012, the Defendant entered into a lease agreement with Nonparty D and lease deposit amounting to KRW 30,000,00,00, monthly rent of KRW 200,00, and from January 3, 2012 to January 2, 2017 (hereinafter “instant lease agreement”) with respect to the portion of KRW 35.55 square meters in the ship (a) connected each point in the indication of the attached drawings among the instant real estate (hereinafter “instant store”).

3) At the time of the conclusion of the instant lease agreement, the Defendant paid KRW 50,000 for the premium of KRW 50,000 to the lessee E, who sells tourist ginseng products, etc. at the instant store. B) The Plaintiff acquired the Plaintiff’s ownership of the instant real estate on September 24, 2012, on November 12, 2013, 1/12 of the F’s share of the instant real estate on November 13, 2013; and H’s share of the instant real estate on November 13, 2013, 1/12; and 1/12 of the instant real estate on November 18, 2013.

2. On November 12, 2013, Plaintiff A completed the respective registration of ownership transfer with respect to G, I, and D’s shares 1/12 of F’s shares in the instant real estate on November 13, 2013, and November 13, 2013, with respect to the instant real estate on November 18, 2013, Plaintiff A acquired the ownership of 5/12 shares in the instant real estate.

C. The Plaintiffs notified the Defendant of the termination of the lease agreement with the Defendant as the instant lease agreement expired on January 2, 2017, and thus, the Defendant on June 15, 2016, five months prior to the expiration of the lease term.

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