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(영문) 수원지방법원 안산지원 2018.02.22 2017가합8477
건물명도(인도)
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

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

A. Attached 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 31, 2012, the Plaintiff supplied the Defendant with carbon gas generated in the Plaintiff’s production process, and the Plaintiff’s rent of KRW 40,800,000 each of the items in the attached Table 2 drawings among the real estate listed in the attached Table 1 table 1, as well as KRW 1,000,00,000, connected in sequence to the Defendant, among the real estate listed in the attached Table 1 table 1 table 2, the part inside the ship part of which is 1,000 square meters, which is a reinforced concrete structure structure structure structure structure, a structure, a factory, a shelter, and a 39 square meters each floor (hereinafter “each of the instant real estate”) for three years from August 1, 2012, every year after the rent of KRW 40,800,000 each year.

8.1.Re-resolutions on a yearly basis as of January 1.

(A) The term of lease is set from August 1, 2012 to July 31, 2017, to lease and supply carbon gas and real estate lease agreements (hereinafter “instant agreement”).

A) Around that time, the Plaintiff and the Defendant delivered each of the instant real estate to the Defendant. Around June 2, 1997, the supply of carbon gas between the Plaintiff and the Defendant and the lease agreement for each of the instant real estate has been renewed on a five-year basis after the first contract was concluded on and after June 2, 1997. B. The Plaintiff, around February 22, 2015, around February 4, 2016, around May 17, 2017, and around June 30, 2017, declared the Defendant to refuse to renew the instant contract. [Grounds for recognition] The Plaintiff expressed his/her intent to refuse to renew the instant contract (including the number of pages, if any,), around the absence of dispute, and around June 30, 2017.

each entry, the purport of the whole pleading

2. Determination as to the principal lawsuit

A. According to the facts of the judgment on the cause of the claim 1, the instant contract was terminated on July 31, 2017, and thus, the Defendant, a lessee, is obligated to deliver each of the instant real estate to the lessor, and return the profits derived from the possession and use of each of the instant real estate from the completion date of the instant contract to the completion date of delivery of each of the instant real estate.

As of the date of closing argument of this case by the Defendant.

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