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(영문) 의정부지방법원 고양지원 2018.06.01 2017가합71270
건물명도(인도)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 20,688,416 to the Defendant (Counterclaim Plaintiff) and its related amount from May 18, 2017 to June 1, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 19, 2016, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) on the aggregate of 4,225 square meters of land for C, factory site, and 1,394 square meters of land for reinforced concrete on the ground of Pakistan (i.e., D94.02 square meters E-dong 99.9 square meters; hereinafter “instant factory”) from October 1, 2016 to September 30, 2018; 70,000,000 won of lease deposit; and 7,040,000,000 won of value-added tax (including value-added tax; and hereinafter “the main contents thereof”) and paid the Defendant the remainder of the lease deposit to the Defendant on the 7,006,006.20,000 won of the lease deposit:

Article 4 (Termination of Contract) If the lessee's delayed amount of rent falls short of the three-term rent, or if the lessee violates Article 3, the lessor may terminate the contract without delay.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.

Matters of special agreement

2. The current facilities shall be a lease contract, infrastructure shall be used by the lessee in compliance with Acts and subordinate statutes, and shall be restored to its original state when the contract expires.

3. Separate appointment from value-added tax;

8. The monthly income shall be calculated from October 1; and

B. The Defendant did not pay the Plaintiff the rent since the conclusion of the instant lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the lease contract of this case is terminated

A. The Plaintiff’s assertion by the parties is dated November 29, 2016, which contained the Defendant’s declaration of intent to terminate the agreement.

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