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(영문) 광주지방법원 순천지원 2018.09.12 2017가단5802
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) B is the Plaintiff (Counterclaim Defendant).

A. To deliver a building listed in attached Form 1, and on June 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 5, 2012, the Plaintiff entered into a lease agreement with Defendant B on a deposit amounting to KRW 20 million, KRW 1.5 million monthly rent, and KRW 24 million from December 5, 2012, and agreed to extend the lease term on December 5, 2014 under the same condition as above.

B. On March 7, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C on a fixed basis as deposit amount of KRW 20 million, monthly rent of KRW 200,000,000, and from March 7, 2014, from March 7, 2014 to 24 months. On February 25, 2014, the Plaintiff agreed to substitute for the said lease deposit amount of KRW 20 million out of KRW 30,000,000 borrowed from Defendant C.

C. On August 3, 2016, the Plaintiff entered into this contract with Defendant C within four months with respect to the instant building No. 2, and entered into a provisional contract with a deposit of KRW 2 million per month, monthly rent of KRW 2 million, and from August 3, 2016 to August 2, 2018.

On the other hand, Defendant C has occupied and used each of the instant buildings with the trade name “D” in the instant building No. 1 and with the trade name “E” in the instant building No. 2, and is currently occupying each of the instant buildings.

E. On March 15, 2017, the Plaintiff: (a) sold each of the instant buildings to F in KRW 1.04 billion; (b) agreed to deliver the instant building to F by April 30, 2017; but (c) failed to implement the agreement, and (d) paid KRW 130 million in total, which was paid to F on May 21, 2017, as well as KRW 30 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, 8 through 11, 17 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Each of the instant cases.

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