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(영문) 제주지방법원 2019.07.23 2018가단755
건물인도 등
Text

1. The Defendant (Counterclaim Plaintiff) delivered the Plaintiff (Counterclaim Defendant) a second floor of 238.01 square meters out of the real estate indicated in the attached list.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On September 1, 2012, the Defendant: (a) leased a lease deposit and annual rent of KRW 5 million; (b) up to September 30, 2015, from D, the original owner of the real estate listed in the separate sheet (hereinafter “instant building”) to the second floor 238.01 square meters (hereinafter “instant store”); and (c) leased the instant building by setting the lease deposit and annual rent of KRW 5 million; and (d) the lease period as of September 30, 2015.

B. After that, on March 4, 2014, the Plaintiffs were co-owners of the instant building by purchasing the instant building from D and completing the registration of ownership transfer as to 1/2 shares on March 7, 2014, and upon which they were co-owners of the instant building. On October 1, 2014, Plaintiff A signed a lease agreement with the Defendant on the terms of lease deposit and annual rent (the Defendant did not pay the lease deposit separately to Plaintiff A, and the Defendant succeeded to the obligation to return D’s lease deposit) with the Defendant from October 1, 2014 to October 1, 2015 (hereinafter “instant lease agreement”). At the time of maturity, Plaintiff A agreed to thoroughly restore the instant building to its original state and to lease it by up to three years under the agreement.

C. On September 30, 2016, Plaintiff B entered into a lease agreement with the following terms: (a) the instant store was leased KRW 5 million for the lease deposit and annual rent; (b) the lease period from September 30, 2016 to September 30, 2017 (hereinafter “instant lease agreement”); and (c) on September 30, 2017, Plaintiff B entered into an agreement with E to provide the instant store with KRW 5 million for the lease deposit, KRW 8 million for the rent, and KRW 5 million for the rent for the period from January 1, 2018 to December 30, 2018; and (d) the two lease agreement was concluded to renew the instant lease agreement and receive KRW 5 million for the rent for the period from October 30, 2017 to December 3, 2017 by dividing the annual rent by 00,000,000 won.

E shall enter into an agreement with the Plaintiff B on December 2017, and the Plaintiff on January 12, 2018.

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