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Reasons
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(영문) 인천지방법원 2017.01.11 2015가단249832
건물명도
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1. The Plaintiff (Counterclaim Defendant) pays KRW 10 million to the Defendant (Counterclaim Plaintiff).

2. The plaintiff (Counterclaim defendant).

Reasons

1. The parties' assertion

A. On September 12, 2013, the Plaintiff asserted the Plaintiff’s principal lawsuit: (a) leased real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant in KRW 10 million from September 28, 2013 to September 27, 2015; (b) the Defendant paid only one monthly rent after September 28, 2013; and (c) the said lease was terminated due to overdue payment, thereby deducting KRW 10 million from KRW 9.1 million from October 28, 2013 to December 27, 2015; and (d) the Defendant filed a claim against the Defendant for unjust enrichment from December 28, 2015 to December 27, 2015.

B. On September 12, 2013, the Defendant asserted the counterclaim by the Defendant: (a) leased the instant real estate amounting to KRW 10 million from the Plaintiff, KRW 350,000,000; (b) terminated the said lease agreement with the Plaintiff due to personal circumstances; (c) the Plaintiff, after concluding a new lease agreement with the Plaintiff on October 31, 2013, gave up the lease agreement; and (d) subsequently, the Plaintiff, in violation of the agreement on the termination of the lease of the instant real estate, such as the termination of the agreement with the new lessee, even though the Plaintiff attempted to enter into a new lease agreement, was terminated by the Defendant’s declaration of termination on December 11, 2013; and (c) accordingly, (d) the Plaintiff is

2. Facts of recognition;

A. On September 12, 2013, the Plaintiff leased the instant real estate to the Defendant with a deposit of KRW 10 million from September 28, 2013 to September 27, 2015, and a monthly rent of KRW 3.5 million.

B. The Defendant, due to personal circumstances, requested the Plaintiff to terminate the above lease agreement, and the Plaintiff agreed to terminate the lease agreement with the Defendant on condition that the Plaintiff leases the instant real estate to a new lessee.

(2) The plaintiff's brief dated 7 October 2016 (2 pages).

Accordingly, the defendant requested C to act as a broker of the above lease contract, and the director was in the real estate of this case.

The plaintiff on October 31, 2013 shall be C-C.

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