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(영문) 부산지방법원 2019.09.03 2017가단336270
건물명도(인도)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 21,343,396 to the Defendant (Counterclaim Plaintiff) and its amount from May 18, 2019 to September 3, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Defendant’s status, etc. 1) On March 19, 2014, between C and C, the Defendant is the Defendant’s building D and E (hereinafter “instant building”).

2) Of the five floors (hereinafter “instant real estate”).

A) A lease agreement was concluded with the effect that the lease deposit was KRW 40 million, monthly rent of KRW 1.5 million (excluding value-added tax), and the lease term was set from April 18, 2014 to May 18, 2016, and that the lease agreement was concluded to exempt the Plaintiff from monthly rent for 30 days, which is an interior decoration period, after paying the remainder as stipulated in Paragraph 2 of the special agreement. (2) The Defendant paid the lease deposit to C, received the instant real estate, completed the registration of the business with the trade name called “F”, and then provided the rental business of the space, such as plastic studio, on the said real estate.

B. 1) The Plaintiff is a limited company with the purpose of real estate leasing business, etc., and the Plaintiff completed the registration of ownership transfer with respect to the instant building on December 16, 2016. 2) On January 2, 2017, the Defendant did not dispute between the Plaintiff and the Plaintiff on the fact that on January 2, 2017, the lease deposit amounting to KRW 40 million with respect to the instant real estate, KRW 1.5 million with respect to monthly rent (excluding value-added tax, the last day of each month), and the management fee for the instant real estate at KRW 738,980 per the ordinary management fee (7,500 per month).

The term of lease was fixed from December 16, 2016 to April 30, 2017.

3) On March 24, 2017, the Defendant increased the monthly rent to KRW 1.6 million (excluding value-added tax) for the instant real estate between the Plaintiff and the Plaintiff, and entered into a lease agreement with the term of lease fixed from May 1, 2017 to April 30, 2018 (the same as the terms of the lease agreement dated January 2, 2017).

The lease contract between the plaintiff and the defendant is in this case.

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