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(영문) 서울동부지방법원 2015.10.23 2015가합105160
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) handed over to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet from May 15, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On December 10, 2008, the Plaintiff completed the registration of ownership transfer based on the trust on December 5, 2008, to the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on the Gangdong-gu Seoul Building (hereinafter “instant Building”).

The object of lease: The lease deposit for the lease from May 13, 2009 to May 12, 2012: From May 13, 2009 to May 12, 2012: the rent of KRW 500 million for an apartment of KRW 48 million for an apartment of KRW 52 households (not value-added tax), the Plaintiff and the Korea Land Trust for an officetel of KRW 13 households (excluding value-added tax) and the Korea Land Trust for an apartment of KRW 10 million for an apartment of KRW 13 households on May 13, 2009 (hereinafter referred to as “C”) entered into a lease agreement on part of the instant building as follows:

On December 23, 2011, the Plaintiff completed the registration of ownership transfer for the instant building from the Korea Land Trust on December 19, 201.

The object of lease: The lease deposit from May 13, 2012 to May 12, 2014: From May 13, 2012 to May 12, 2014: The rent of KRW 1.5 billion for an apartment of KRW 51,500,000 for an apartment of KRW 51 households, and the rent of KRW 5 million for an officetel of KRW 11,500,000 for each household ( separate value-added tax), the Plaintiff entered into a lease alteration agreement with C on May 11, 2012.

The lease period: From the date of the lease period under the first lease contract to May 14, 2014: The lease deposit: the monthly rent of KRW 900 million for 51 households: the amount of KRW 35 million for 51 households in apartments, and the amount of KRW 5 million for 11 households in officetels (excluding the value-added tax), the Plaintiff changed the lease contract with C around July 2013 as follows.

Article 2(1) C waives the claim for the return of the security deposit against the plaintiff under the lease contract without objection, and does not raise any civil or criminal objection related thereto in the future.

② The Plaintiff is equivalent to the amount of a loan waived pursuant to paragraph (1).

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