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Reasons
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(영문) 수원지방법원 2016.11.15 2016가단510675
건물명도
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1. The Defendant (Counterclaim Defendant) Plaintiff (Counterclaim Defendant) KRW 978,352, and KRW 5,533,481 and each of the above costs.

Reasons

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. On August 15, 2013, when the lease agreement previously concluded with the Defendant was renewed, Plaintiff A entered into a lease agreement with the Defendant with the terms of a deposit deposit of KRW 25,00,000, monthly rent of KRW 900,00 (excluding value-added tax), and a lease agreement with the Defendant for lease (hereinafter “104 lease agreement”) from August 16, 2013 to August 15, 2016.

B. On August 15, 2013, Plaintiff B entered into a lease agreement with the Defendant (hereinafter “105 lease agreement”) with the terms that the E-building 105 (hereinafter “105”) located in Yeongdeungpo-gu, Young-gu (hereinafter “105”) was leased to the Defendant with a deposit deposit of KRW 50,000,000, monthly rent of KRW 2,000,000 (value-added tax separate), and from August 16, 2013 to August 15, 2016 (hereinafter “105 lease agreement”).

C. Article 4 of the lease agreement No. 104 and the lease agreement No. 105 provides that:

Article 4 (Termination of Contract) If the lessee has failed to pay rent for more than two years or has violated Article 3, the contract may be terminated immediately.

The amount of damages equivalent to the amount of monthly rent shall be paid monthly to the lessor, while this contract has been terminated or terminated upon termination and is not actually ordered to order the lease.

Plaintiff

A purchased 1/2 shares of F in 104 on December 24, 2015, and the Defendant succeeded to the status of a lessor under a lease agreement entered into with F with respect to F shares in 104.

Deposit under a lease agreement between the defendant and F is KRW 6,100,000, monthly rent is KRW 100,000 (excluding value-added tax), and the term of lease is the same as the lease agreement No. 104.

E. The Defendant paid rent by August 2014 to the Plaintiffs, but did not thereafter pay rent.

The Plaintiffs on March 7, 2016.

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