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(영문) 서울서부지방법원 2018.11.09 2018나35428
건물명도(인도)
Text

1. The appeal filed by the Defendant (Counterclaim Plaintiff) and the counterclaim filed in the trial are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. On September 24, 2014, the Plaintiff et al. entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant as to the leased portion of this case where the Plaintiff et al. owns 1/5 shares, including KRW 10,000,000 per month, KRW 1,000 per month, and KRW 31,000 per month, and from October 31, 2014 to October 31, 2016, the lease agreement (hereinafter “the title of the instant lease agreement”) was entered into between the Plaintiff et al. (the Plaintiff et al. asserted that the instant lease agreement was entered into with the Defendant and the Plaintiff et al. did not dispute the Plaintiff et al. regarding the leased portion of this case where the Plaintiff et al. owns 1/5 shares each of the instant lease agreements, including the Plaintiff’s first sale number from November 1, 2016 to October 31, 2016.)

Therefore, the instant lease agreement was lawfully terminated on November 15, 2017, when the Plaintiff, etc.’s declaration of intent to terminate the instant lease agreement reached the Defendant, or around June 30, 2017, or at latest, on which November 15, 2017, a copy of the instant complaint stating the Plaintiff, etc.’s declaration of intent to terminate the lease agreement was served on the Defendant. Therefore, the Defendant delivered the leased portion to the Plaintiff, etc., and the Defendant deducted the remainder of the instant lease deposit KRW 17,60,000 (=1,000,000 x 16 months x 16 months, as the Plaintiff, etc. seeks from November 1, 2016, which began to delay the rent, from November 1, 2016 to February 28, 2018.

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