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Reasons
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(영문) 인천지방법원 2017.07.06 2016가단210213
건물명도
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1. Defendant C is against the Plaintiff (Counterclaim Defendant).

(a) deliver the total of 178.27 square meters of the second floor among the buildings listed in the attached list, and B.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 6, 2015, the Plaintiff entered into a lease agreement with Defendant C on the terms of KRW 50,000,000, monthly rent of KRW 1,500,000, monthly rent of KRW 1,500,000, and November 29, 2016, as of November 30, 2014, among the buildings listed in the separate sheet, which are owned by the Plaintiff (hereinafter “instant building”).

(However, the date of preparation of the contract was written retrospectively on November 3, 2014; hereinafter “instant lease contract”). (B)

As of May 18, 2015, Defendant C did not pay rent of KRW 4,650,00 in total, and Defendant C did not pay rent from June 1, 2015.

C. Defendant D and E occupy and use the part (A) of 82 square meters (hereinafter “the part (A) of the instant building”) connected in sequence of the items indicated in the annexed drawing Nos. 1, 2, 3, 4, and 1, and Defendant F and G are “the part (b) of the instant building, which is not more than 82 square meters in sequence of the items indicated in the annexed drawing Nos. 2, 5, 6, 3, and 2.”

(D) The unpaid electricity charges up to March 2017 are KRW 1,025,810 with respect to the instant building portion, and the unpaid electricity charges up to February 2, 2017 are KRW 172,090 with respect to the unpaid electricity charges of KRW 1,025,810. Meanwhile, on March 10, 2015, Defendant C transferred the instant leased deposit claim to Defendant B, and the assignment of the said claim was notified to the Plaintiff on April 14, 2015. [Grounds for recognition] Defendant C: Defendant D, E, and B portion of the instant building: (a) lack of dispute; (b) Defendant D, E, 2,3,5, 10, 112, 13, 2, 12, 13, 2, 12, 13, 2, 2, 12, 2, and 30 of the Civil Procedure Act with respect to the confession of each of the Defendants’ respective arguments;

2. Determination on the main claim

A. On November 29, 2016, the instant lease agreement indicating one claim against Defendant C with respect to the determination of the claim.

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