(영문) 인천지방법원 2015.12.15 2014가합55914

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(영문) 인천지방법원 2015.12.15 2014가합55914

건물명도

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1. The counterclaim Defendant: (a) KRW 120,00,000 to the counterclaim Plaintiff and the period from June 28, 2014 to December 15, 2015.

Reasons

1. Basic facts

A. The Defendant related to the parties is the mother of the deceased C (hereinafter “the deceased”), and the Plaintiff is the deceased’s denial interest and the Defendant’s shot.

B. The defendant and the deceased entered into a lease contract, etc. 1) The defendant on May 13, 2000 (hereinafter referred to as "brid construction")

From the viewpoint of Incheon Seo-gu, Seo-gu, Incheon District Court No. 204 (hereinafter “instant commercial building”).

(2) On December 26, 200, the deceased concluded a lease contract with the Defendant to purchase the instant commercial building at KRW 205,189,000, and completed the registration of ownership transfer with respect to the instant commercial building on December 26, 200. 2) The deceased leased and operated the instant commercial building from the World Construction before acquiring the ownership of the instant commercial building. However, on January 29, 2005, the Plaintiff entered into a lease contract with the Defendant for KRW 120,000,000,000, KRW 00, and KRW 48,000 (hereinafter “instant first lease contract”), and died on December 22, 2008.

C. On January 9, 2009, the Plaintiff and the Defendant concluded a lease agreement with the Defendant on the commercial building of this case with the term of KRW 120 million, KRW 00,000,000, KRW 00, and the term of 48 months (hereinafter “instant lease agreement”).

(1) On April 2, 2014, the Defendant sent to the Plaintiff a content-certified mail stating that “the instant commercial building is handed over to the Defendant by May 31, 2014.” 2) The Plaintiff handed over the instant commercial building to the Defendant on June 16, 2004.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim for refund of deposit for lease

A. The Plaintiff’s assertion 1) The Deceased on September 6, 2002, the New Bank Co., Ltd. (hereinafter “New Bank”) on or around September 6, 2002

From this case.

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