(영문) 인천지방법원부천지원 2019.10.11 2018가단118802

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(영문) 인천지방법원부천지원 2019.10.11 2018가단118802

건물인도 등 청구의 소

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1. The Defendant (Counterclaim Plaintiff) is simultaneously paid KRW 50 million from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 5, 2013, the Plaintiff leased a lease deposit of KRW 50 million, monthly rent of KRW 3 million (excluding value-added tax; hereinafter the same shall apply), and the lease period of KRW 3 million from October 1, 2013 to September 30, 2015 to the Defendant and his spouse C (hereinafter referred to as “Defendant, etc.”) with each point specified in the attached Form No. 1, 2, 3, 4, and 1, among the real estate listed in the attached Form, to the Defendant, etc., and the Defendant, etc. operated a member of the said real estate.

After that, the Plaintiff, the Defendant, etc. agreed on September 30, 2015 to extend the term of lease to KRW 3.3 million per month, and to renew the term of lease by setting the term of lease as two years until September 30, 2017, and to extend the term of lease by September 30, 2018.

B. Around September 5, 2018, the Plaintiff notified the Defendant, etc. that he/she did not wish to extend the contract. On September 20, 2018, the Defendant, etc. requested the Plaintiff to enter into a premium agreement with the oriental medical doctor D to enter into a lease agreement with the new lessee. The Plaintiff refused such agreement and filed the instant lawsuit seeking to transfer the instant real estate on October 1, 2018.

C. On October 4, 2018, the Defendant, etc. terminated the premium contract with D and returned the down payment of KRW 17 million, which was received upon termination of the premium contract with D, and at the same time, paid the Plaintiff the amount equivalent to the rent, while operating Korea Won in the instant real estate up to now.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The plaintiff's assertion that the contract of this case was terminated due to the expiration of the term of validity, so that the plaintiff seeks to transfer the real estate to the defendant, and the defendant's obligation to deliver the above real estate is simultaneously with the plaintiff's obligation

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