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(영문) 서울중앙지방법원 2019.09.05 2018가합526109
보증금반환
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff)’s KRW 100,000,000 against the Plaintiff (Counterclaim Defendant) and its related thereto from August 1, 2018 to September 1, 2019.

Reasons

1. The fact of recognition (the combination of a principal lawsuit and a counterclaim shall be deemed to be filed);

A. The ownership relation of each real estate listed in the separate sheet is 1) the land listed in the annexed sheet (3) 1 (hereinafter “E land”).

(2) The ownership of Defendant B and the land listed in Annex B (3) in Annex B (hereinafter referred to as “F land”).

(3) The ownership of Defendant C and the land listed in the [Attachment] List (3) (hereinafter referred to as “G land”) are “each of the instant land” and, in total, “each of the instant land.”

(2) On December 29, 1975, Defendant C and Defendant D shared with each other, Defendant B newly constructed a house listed in attached Table (2) on the ground of land E on December 29, 1975 and completed registration of initial ownership.

B. (1) On February 4, 2009, the Plaintiff entered into a lease agreement with Defendant B and each of the instant land and the instant housing, which included KRW 150,00,000, monthly rent of KRW 250,000, and the lease term from March 5, 2009 to March 5, 2014. (2) After entering into the said lease agreement, the Plaintiff entered into the said lease agreement with the Defendants, with the consent of the Defendants, and newly constructed a building listed in attached Table 1 (hereinafter “instant warehouse”) on the F land and G land and obtained approval for use on May 18, 2009.

3) On March 5, 2014, the Plaintiff entered into a lease agreement with Defendant B on a deposit basis with Defendant B for KRW 100,000,000, monthly rent of KRW 1,500,000, and from March 5, 2014 to March 5, 2016. ② As to F land, the Plaintiff entered into a lease agreement with the Defendants for a lease deposit of KRW 100,000,000, monthly rent of KRW 5,000,000, and from March 5, 2014 to March 5, 2016, the Plaintiff entered into a lease agreement with Defendant B for a lease agreement of KRW 100,00,000,00 for monthly rent of KRW 1,50,00 for KRW 1,50,00 for the instant land and the instant housing, and the lease agreement between Defendant B and the remainder of KRW 30,000,00 for KRW 30,05.1.

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