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(영문) 울산지방법원 2018.09.20 2016가합24853
건물명도
Text

1. The Defendants jointly share KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and the Defendants jointly do so from November 30, 2017 to September 20, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a company that runs real estate service business, real estate rental business, etc., and Defendant SsungNC Co., Ltd. (hereinafter “NDC”) is a real estate service business, multi-family housing sales business, etc., and Defendant Dosung C&C Co., Ltd. (hereinafter “DosungDC”) is a company that runs real estate service business.

B. On January 12, 2016, the Plaintiff entered into a lease agreement on the same terms as follows with regard to 1,320 square meters out of 1611-1 large 3,494 square meters of 1,320 square meters (hereinafter “instant land”) from Defendant Ssung-gun and Ulsan-gun, Ulsan-do. Around that time, the Plaintiff handed over the instant land to Defendant Ssung-gun.

On the other hand, on February 24, 2016, the Plaintiff filed a complaint with Defendant Ssung and Ulsan District Court 2016No. 9 with the same content as the instant lease agreement.

1. Subject-matter of lease and condition 1) Subject-matter of land: 3) Period for the establishment of a model house: From January 18, 2016 to January 17, 2017 (12 months) annual rent: 50,000,000 won (excluding value-added tax);

2. 1) The Defendant U.S.C. should use the instant land only for the purpose of establishing and using a model house. 3) The Plaintiff, without delay after the receipt of the down payment, intends to deliver all the documents necessary for the establishment of a model house on the instant land (land use consent, certificate of personal seal, etc.) to the Defendant U.S.C.

4) The Defendant Scene is a building or facility installed on the instant land (including sample houses; hereinafter collectively referred to as “instant facility”).

3. The case is unless a new lease agreement is entered into with the Plaintiff, even if Defendant Ssung continues to use or benefit from an object after the term of lease expires.

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