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(영문) 서울남부지방법원 2018.08.24 2017가합102809
건물인도등청구의 소
Text

1. The counterclaim Defendant: (a) with respect to KRW 8,464,192 to the counterclaim and KRW 4,932,960 among them, from January 20, 2018, and KRW 2,860.

Reasons

1. Basic facts

A. On September 3, 2011, the Defendant purchased from D, Geumcheon-gu Seoul, Geumcheon-gu, Seoul, building of 261.2 square meters and three floors above its ground (hereinafter “instant building”), and completed the registration of ownership transfer on October 20, 201.

B. In the instant building, childcare centers were operated under the name of “F childcare center” (hereinafter “instant childcare center”). On September 20, 201, Plaintiff A and G agreed to operate the instant childcare center, and entered into a contract on the transfer of facilities between Defendant and a lease deposit amounting to KRW 100 million (including value-added tax) and KRW 4.2 million (including value-added tax), the period from November 1, 201 to October 31, 201 (hereinafter “the first lease contract”) with the content that the instant building is leased from November 31, 201 to October 31, 201 (hereinafter “the first lease contract”), and that the instant childcare center’s facilities, etc. are transferred to KRW 140,000,000,000.

The contents related to this case among the special terms and conditions of the first lease agreement are as follows:

Special agreement - The lessor shall change the representative of the lessee at the time of exemption from the registration tax after the completion of the sale registration.

- The two representative premium shall be borne by the building owner.

C. On February 5, 2014, Plaintiff A and G sent to the Defendant a certificate of the content that “the process for immediately changing the representative within five days,” and the name of the representative of the child care center of this case was changed on or around October 2014. D. The Plaintiffs agreed to change the name of the contracting party from G to Plaintiff B, and entered into a contract with the Defendant on October 2, 2014, on the lease deposit amounting to KRW 100 million (excluding value-added tax), KRW 380,000,000 (excluding value-added tax), period from October 2, 2014 to October 31, 2016 (hereinafter “second lease agreement”). The Defendant acquired a lease agreement on the lease of the instant building from October 2, 2014 to October 31, 2016 (hereinafter “second lease agreement”), and the facility transfer agreement on the instant child care center’s facilities, etc. to the Plaintiffs on June 16, 2016.

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