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(영문) 울산지방법원 2014.07.23 2013가단11583
임차권확인 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 8, 9, 13, 14, 15, 3, 4, 4, and 8, 9, 13, 14, 15, 15

Reasons

The main claim shall be judged together.

1. Basic facts

A. On July 17, 2012, the Plaintiff paid KRW 90,000,000 to the Plaintiff and the Defendant, when entering into a contract on the lease deposit of KRW 20,000,000 on the first floor of the instant building that was newly constructed by the Defendant and the Defendant, and KRW 40,00,000 on August 17, 2012, and KRW 40,000 on September 17, 2012. The delivery date is the expected date of completion of the instant building, and the lease period is until September 17, 2017, and the lease contract of KRW 2,30,000 on September 17, 2017, which is the first floor of the instant building that was newly constructed by the Defendant and the Defendant (hereinafter “instant lease contract”). The said lease agreement was stipulated as the lessor’s pre-paid agreement to pay KRW 25,000,000 to the lessor.

B. The Plaintiff paid the Defendant KRW 20,000,000 on the day of the instant lease agreement, KRW 30,000 on August 17, 2012, KRW 13,000,000 on October 26, 2012, KRW 18,000,000 on November 20, 2012, and KRW 9,000,00 on November 21, 2012, and the use approval of the instant building was granted from the Defendant on November 19, 2012, with the permission granted to undertake interior works on the first floor of the instant building, and revoked and installed partitions on November 20, 2012.

C. On November 21, 2012, the Defendant did not pay any additional construction cost that the Plaintiff has to rent and bear, and prevented the Plaintiff’s interior work, and even until now, the Plaintiff did not perform artificial insemination work.

[Reasons for Recognition] In the absence of dispute, Gap evidence 1, 3, Eul evidence 1-1, 2, 3-1 to 4, 11-1 and 6, the whole purport of the pleading

2. Determination as to the claim on the principal lawsuit

A. According to the facts of the judgment on the claim for extradition 1, as the plaintiff seeks within the scope of the instant lease agreement, barring any special circumstance, the defendant's portion of the commercial building that connects the plaintiff in sequence of each of the items indicated in the annexed drawing Nos. 8, 9, 13, 14, 15, 3, 4, 4, 5, 6, 7, and 8 among the 1st floor of the instant building pursuant to the instant lease agreement.

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