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(영문) 인천지방법원부천지원 2017.11.29 2017가단107805
건물명도(인도)
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) receives KRW 20,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 30, 2008, D entered into a lease agreement with Defendant B and attached Table 1 with regard to the portion of 249.22m2m2m2 (hereinafter “instant one building”) connected in order to each point of the attached drawing Nos. 1, 2, 3, 4, 5, 10, and 1, among the real estate listed in the attached Table Nos. 1 list with Defendant B, as follows.

Lease deposit: 20,000 won lease period: from July 1, 2008 to June 30, 2009; 1,200,000 won (on the last day of each month);

B. D A deceased, and D’s heir E completed the registration of ownership transfer on April 19, 2013, based on the division of inherited property, with respect to the entire building including the instant one building on April 19, 2013 (the third floor of the Fresh concrete slive roof, sales facilities, and hereinafter “instant entire building”).

On December 2, 2014, Defendant C entered into a lease agreement with regard to the part of the ship (C) connected in order to each point of Annex 1, 2, 3, 4, 5, 6, and 1 of Annex 2, among the real estate listed in the E and Annex 2 list, as follows:

Lease deposit: No lease period: 1,100,000 won for monthly rent from January 1, 2015 to June 30, 2015.

C. After the expiration of the term of lease stipulated in each of the above lease agreements, E concluded each of the following lease agreements with the Defendants (hereinafter “each of the instant lease agreements”).

1) Lease contract between E and Defendant B (hereinafter “instant lease contract”)

(2) Lease object: Lease period of KRW 20,00,00: From July 1, 2015 to June 30, 2016: 1,200,000 (the last day of each month) lease contract between E and Defendant C (hereinafter “instant lease contract”): The lease object indicated in the attached Table 1 among the real estate listed in the attached Tables 2 and 1 list of the instant building and attached Tables 5,6,7,7,8,8,9,10,00: The lease period of KRW 20,00: The portion (b) connected in each of the real estate listed in the attached Tables 2 and 1, and 249.5 square meters or less on board is not more than March 3.

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