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(영문) 제주지방법원 2018.10.16 2017가단7506
건물인도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the second floor 313.78 square meters among the buildings listed in the attached Form;

(b) 34.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. 1) C signed a lease agreement on August 2015, 2015, the second floor among the buildings indicated in the attached Form from the Plaintiff (hereinafter “instant store”).

(2) On December 5, 2015, after the lease of the instant store, C was discovered to the relevant agency on October 2, 2015 while engaging in the business of arranging sexual traffic at the instant store. On December 5, 2015, C prepared a letter stating that “in the event that it is controlled in the course of arranging sexual traffic after the instant store, he/she will be held liable for civil and criminal liability and to order the store.” However, on July 11, 2016, C was reminated into the business of arranging sexual traffic.

On February 23, 2017, the Plaintiff was convicted of providing a place for sexual traffic in violation of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc., and was subject to suspension of indictment from the Jeju District Prosecutors' Office.

3) On December 27, 2016, the Plaintiff entered into a lease agreement with the Defendant and the instant store for the period of KRW 40,000,000 per annum, and KRW 30,000,000 per annum, and the period of February 4, 2018 (hereinafter “instant lease agreement”).

(2) At the time of the formation of the instant lease agreement, the Plaintiff and the Defendant concluded a special agreement with the purport that “where the period of the instant lease agreement expires or the contract is terminated, the facilities installed by the Defendant shall be removed under the Defendant’s expense and delivered to the Plaintiff after restoration to the original state” (Article 11 subparag. 1 of the lease agreement), and that “the Defendant succeeds to all the rights under the lease agreement including the contents of each letter, etc. prepared by the former lessee C” (Article 11 subparag. 1 of the lease agreement). The Defendant is running a commercial arrangement at the instant store on March 23, 201

On March 27, 2017, the Plaintiff prepared a memorandum of confirmation to the effect that “the act of arranging sexual traffic is prohibited and the right to lease a building shall also be waived.”

2. On June 28, 2017, the Plaintiff did not deliver the instant store to the Defendant even after preparing a letter of confirmation.

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