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(영문) 수원지방법원평택지원 2016.07.20 2015가합696
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) ordered the Plaintiff (Counterclaim Defendant) to order the real estate indicated in the separate sheet.

2...

Reasons

The main lawsuit and counterclaim shall be examined together.

Basic Facts

C, D and E entered into a contract to transfer 70% of the shares issued by F Co., Ltd. (hereinafter “F”) and the right of management to 200 million won on August 25, 2010.

On October 21, 2010, the Plaintiff entered into a lease agreement between the Plaintiff and F with F, setting the term of lease as KRW 20 million from October 21, 2010 to October 21, 2015, with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”).

C and E decided to normalize F’s management by way of comprehensively transferring authorization and permission related to food recycling business, all machinery and equipment, and the right to lease on the instant real estate to a new corporation, and the Defendant established around December 201, 201.

Of the shares issued by the Defendant, 70% of the shares issued by E was owned by E, and C.

On December 5, 201, the Plaintiff entered into a lease agreement with the Defendant and the Defendant and entered into a lease agreement with the term of lease from December 5, 2011 to December 5, 2015 with regard to the instant real estate (hereinafter “instant lease agreement”), with a deposit amount of KRW 20 million, monthly rent of KRW 2.2 million, and the Defendant concluded a lease agreement with respect to the instant real estate (hereinafter “instant lease agreement”). As a special agreement, the Defendant agreed to invalidate the lease agreement upon default of rent of at least three months.

The defendant did not pay the plaintiff a monthly rent since July 2012 at least to the plaintiff.

On October 8, 2012, the Plaintiff, including the conclusion of a lease agreement with the Plaintiff, entered into a lease agreement with C, setting the term of lease from October 8, 2012 to October 7, 2017 with regard to the instant real estate as KRW 20 million, and monthly rent 2.2 million.

The second lease contract is called ‘the second lease'.

C. October 2012

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