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(영문) 서울동부지방법원 2018.01.16 2016가단31863
건물명도 등
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) is from 23,884,00 won to 23,884,000 won from the Plaintiff (Counterclaim Defendant) to 30 November 30, 2017.

Reasons

1. The facts of recognition shall be deemed both a principal lawsuit and a counterclaim;

A. On July 6, 2011, D, the owner of the instant building, entered into a special agreement with E, from July 29, 2011 to July 28, 2013, that the instant store should be leased from July 29, 2011 to July 28, 2013, 30,000,000 won in a deposit, and 2 million won in a rent month (excluding value-added tax), and E operated a restaurant with the trade name “F” from July 29, 2011.

B. On May 16, 2012, the Plaintiff completed the registration of ownership transfer on the instant building and the said A.

The lease agreement was succeeded to.

C. On June 15, 2013, the Defendant acquired the right to the instant store from E, and entered into a lease agreement with the Plaintiff on June 15, 2013, between July 30, 2013 and July 29, 2015, with the deposit money of KRW 30,000,000 (excluding value-added tax, and the rent of KRW 2,000,00,000 (hereinafter “instant lease agreement”) with the Plaintiff (hereinafter “the instant lease agreement”), and entered into a lease agreement with the Plaintiff on the premise that “the instant store is in the state of facilities, management expenses are KRW 30,00 (excluding value-added tax), and is restored to its original state at the expiration of the contract period. From July 29, 2013 to July 29, 2013, the Defendant used the instant parking lot of the Seoul Special Metropolitan City and the instant parking lot of KRW 15,500,000,000.”

The plaintiff, around July 2016, shall guide the head of Gwangjin-gu to correct the violation that "the defendant's use of the parking lot for any purpose other than the parking lot, such as a food service business store warehouse, is in violation of the Parking Lot Act, and therefore the above parking lot part shall be restored to the parking lot."

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