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(영문) 서울동부지방법원 2016.03.09 2014가단52538
건물인도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver each building listed in the separate sheet;

(b) October 2014;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 2, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the respective building of this case as KRW 10,000,000, monthly rent of KRW 3,000 (payment on April 25, 201) as the owner of each building listed in the separate sheet (hereinafter “each building of this case”). The Plaintiff entered into a lease agreement (hereinafter “the lease agreement of this case”).

B. According to the instant lease agreement, if the Defendant’s delayed delay falls short of the two-term rent, or if the Defendant alters the use or structure of each of the buildings of this case without the Plaintiff’s consent, or transfers the sub-lease right or provides security, or uses each of the buildings of this case for purposes other than lease purposes, the Plaintiff may terminate the instant lease agreement without delay. In the event the instant lease agreement is terminated, the Defendant restores each of the buildings of this case to its original state and returns it to the Plaintiff. The Defendant at the same time as each of the buildings of this case is sold at auction, and the Defendant cannot assert any right and claim any right at the same time, and the

C. The Defendant received delivery of each of the instant buildings from around March 25, 2014, and operated an entertainment drinking house with the trade name “C” in each of the instant buildings up to now, and the Defendant did not pay the Plaintiff the amount of KRW 3,000,000 according to the instant lease agreement, with the exception that the Defendant paid KRW 3,00,000 to the Plaintiff around April 25, 2014.

On October 31, 2014, the Plaintiff sent a written notice to the Defendant to the effect that he/she would immediately pay the overdue car and voluntarily deliver each of the buildings of this case as a content-certified mail, and around that time, the said written notice reached the Defendant.

E. Meanwhile, the Plaintiff is identical to each of the instant buildings and each of the instant buildings with D, the former wife prior to the conclusion of the instant lease agreement.

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