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(영문) 대구지방법원 2014.12.19 2013가단47542
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the second floor of 138.6 square meters among the real estate listed in the attached list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 2002, the Plaintiff leased the second floor of real estate (hereinafter “instant commercial building”) indicated in the attached list to the Defendant (hereinafter “instant commercial building”) by setting the lease term of 24 months, lease deposit of 20 million won, etc.

(hereinafter “instant lease agreement”). The Defendant leased the instant commercial building to operate a “C Kinginging practice room”.

B. The instant lease contract has been renewed continuously since January 2008, and the Plaintiff and the Defendant renewed the lease contract at KRW 24 months of the lease term, KRW 20 million of the lease deposit, KRW 1.5 million per month of the rent. On January 2, 2010, the lease contract was renewed again by setting the lease term at KRW 24 months of the lease term, KRW 12 million of the lease deposit, KRW 140,000 of the rent, KRW 140,000 of the rent (the rent shall be the amount including management expenses) and KRW 50,00 of the management fee (the rent shall be the amount including management expenses).

【Ground for recognition】 The fact that there has been no dispute, entry of Gap evidence 1, the purport of whole pleadings

2. Determination on the main claim

A. The Defendant’s obligation to deliver the instant case, etc. 1) The Plaintiff did not pay the Defendant a total of KRW 10.9 million by September 1, 2013, as shown in the attached Table.

Appellanting, the Defendant terminated the instant lease agreement on the grounds of the delinquency of rent for more than two years, and sought a payment for the delivery and overdue rent, etc. of the instant commercial building.

B) On February 2, 2013, the Defendant asserted the Plaintiff’s claim by asserting that the Plaintiff paid KRW 2 million to the Plaintiff and claimed that the Plaintiff was in arrears, and the Plaintiff himself paid the said amount. (1) On January 2, 2012, the Plaintiff voluntarily reduced the rent to KRW 1,250,000 (including management expenses) by 1,250,000 (including KRW 50,000) upon renewal of the instant lease agreement. (2) On January 2, 2012, the Plaintiff, however, requested the Plaintiff to raise rent again in 2013 and raised it to KRW 1,350,00 (including management expenses).

The following is the vehicle for the Plaintiff.

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