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(영문) 서울중앙지방법원 2016.07.13 2015가단142879
부동산명도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant) on the first floor of the real estate stated in the attached Form.

Reasons

1. On October 6, 2010, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) between husband and wife owned real estate indicated in the attached Form 1/2, and concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) for the lease deposit of KRW 200 million, monthly rent of KRW 6.5 million, and management expenses of KRW 300,000,000 (on October 6, 2010, KRW 7,480,00 if both were to be paid by later payment on the 21st day of each month, value-added tax, separate amount of value-added tax, and total amount of money) for the lease period from October 21, 2010 to October 21, 2015. The Defendant received the registration of the establishment of a lease on a deposit basis (hereinafter “instant lease agreement”).

She, the Defendant leased the instant store and entered into a contract for acquisition or transfer of the rights (facilities) worth KRW 75 million for each premium of KRW 75 million among the instant store E and Nonparty E, respectively, with the former lessee (the operation of clothing sales place in possession of 1/2 of the instant store at the time), and paid KRW 2,00,000 on October 21, 2010 to the Plaintiff’s account claiming to be the delegated person, and KRW 75,00,000 on October 21, 2010, the Defendant paid KRW 75,500,000 to the Plaintiff’s account claiming to be the delegated person, respectively.

From January 20, 2015, the Defendant delayed the rent and management expenses of KRW 7,480,000 per annum from January 20, 2015, and the Plaintiffs notified the termination of the instant contract on June 10, 2015.

x. The Defendants received KRW 126,895,468, which deducts all monthly rent, etc. from KRW 200 million on January 20, 2016, from KRW 200,000, and subsequently agreed to deliver the store of this case to deliver the store of this case, and implement the instant contract as agreed upon by both parties.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 2 through 5, the purport of the whole pleadings

2. According to the above facts of recognition as to the principal lawsuit, the Defendant was dissolved on January 20, 2016, and thus, the Defendant.

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