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(영문) 대전지방법원천안지원 2020.02.12 2018가단11912
부동산인도
Text

1. The Defendant (Counterclaim Plaintiff) handed over to the Plaintiff (Counterclaim Defendant) the real estate indicated in the attached Table 2, as well as KRW 26.5 million.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The real estate listed in the [Lease] List 1 annexed hereto (hereinafter referred to as the “real estate in this case”) has a business establishment of an agricultural company C (hereinafter referred to as “C, representative director D, and the Plaintiff is an internal director) as shown in the attached photo. On August 21, 2017, the Plaintiff, as the owner of the real estate in this case, leased the real estate in this case to the Defendant on October 22, 2017 through October 21, 202, with the lease deposit amount of KRW 50 million, monthly rent of KRW 450,000,000, monthly rent of KRW 450,000,000, and the special terms, ① the lease in the present state, ② the lease in the present state, and the total lease period of KRW 10,000,000 after rent of five years

(hereinafter) The Defendant received the instant real estate from the Plaintiff around August 22, 2017, and the Plaintiff received KRW 50 million from the Defendant around October 22, 2017.

The Defendant received the instant real estate from the Plaintiff and completed cleaning, waste disposal and repair works, etc., and resided therein.

The Defendant did not have paid a monthly rent to the Plaintiff, and on December 21, 2018, the Plaintiff terminated the instant lease on the grounds of the delinquency of rent at least two years, and filed a lawsuit against the Defendant seeking to transfer the instant real estate.

The instant warden was served on the Defendant on March 26, 2019.

[Defendant ] On October 3, 2018, the Plaintiff’s unauthorized sub-lease of the instant real estate and the Plaintiff’s fire, etc. were destroyed by an unclaimed fire that caused the instant real estate.

On December 24, 2018, the Defendant sublet three livestock penss to E on December 24, 2018, and received three-month rents from E at once for three months, and E used feed made of food waste as feed storage.

On April 23, 2019, two boxes and two greenhouses among the instant real estate were destroyed by fire.

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