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(영문) 광주지방법원 목포지원 2018.11.16 2018가단51059
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 20,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On February 7, 2013, C agreed to provide the Defendant with a deposit of KRW 20,000,000 from March 1, 2013 to February 28, 2016 and to lease KRW 90,00,00 per month from March 1, 2013 to February 28, 2016 (hereinafter “instant lease agreement”). The Defendant paid KRW 38,00,000,000 to D, which is an existing lessee, KRW 38,00,000,000,000 in the instant shop, in sequence, among the 313.16 square meters of the building indicated in attached Form 1, 313.16 square meters of the building, and thereafter, began to engage in coffee business at the instant shop.

On November 30, 2016, the Plaintiff purchased the instant store from C and succeeded to the lessor status of the instant lease agreement. Thereafter, the Plaintiff agreed to extend the term of lease with the Defendant by February 28, 2018.

On September 6, 2017 and January 9, 2018, the Plaintiff sent to the Defendant the intent not to renew the lease agreement.

Around January 8, 2018, the Defendant demanded the Plaintiff to enter into a lease agreement with E to the employees E, who worked at the instant store, to receive KRW 50,000 as premium while having to transfer the instant store to E.

The plaintiff demanded to E to pay more than 2 million won monthly rent, but E was able to pay 1.5 million won per month, and no agreement was reached.

After March 1, 2018, the Defendant requested the Plaintiff to pay the deposit and premium, operated a coffee shop at the instant store until then, and paid the difference of KRW 90,000 per month.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 8, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts, the instant lease agreement was terminated on February 28, 2018, and thus, the Defendant’s deposit amounting to KRW 20 million from the Plaintiff.

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