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(영문) 인천지방법원 2019.11.28 2018가단232712
건물명도(인도)
Text

1. The counterclaim Defendant:

A. From February 13, 2019 to November 28, 2019, 5,186,000 won to the Counterclaim Plaintiff and its amount.

Reasons

1. Basic facts

A. On June 4, 2013, the counterclaim Defendant entered into a lease agreement with the counterclaim on the real estate indicated on the attached property (hereinafter “instant building”) that was owned by him/her as of June 4, 2013 (hereinafter “instant lease agreement”) under which the lessor, the counterclaim lessee, the lessee, the lease deposit amount of KRW 20 million, the monthly rent of KRW 120,000,000, and the lease period of the instant building was from June 5, 2013 to the Nonparty. On June 5, 2013, the instant building was delivered to the Nonparty.

B. After the conclusion of the instant lease agreement, the Lessee operated the mutual convenience point of “D” in the instant building.

C. On December 2017, when the instant lease contract was renewed, the counterclaim Defendant notified the Plaintiff of his intention to refuse the renewal of the lease contract and the expiration of the term to deliver the building until the expiration date.

In addition, the counterclaim Defendant notified the Lessee to the effect that “the instant building was handed over by June 5, 2018,” through the content-certified mail as of February 26, 2018 and the content-certified mail as of April 17, 2018. The counterclaim was served with content-certified mail around each time.

On April 6, 2018, the Counterclaim sent a document stating that “The Counterclaim Defendant wishes to recover the premium by arranging a lease contract with a new lessee” (Evidence No. 3).

However, on April 26, 2018, the counterclaim Defendant sent (Evidence B No. 4) a document stating that “it is impossible to admit his/her assertion, such as collecting premiums for his/her return,” and the counterclaim was served with content-certified mail around that time.

E. On October 2, 2019, the counterclaim Defendant received delivery of the instant building from the counterclaim Plaintiff around October 2, 2019, where the principal lawsuit and counterclaim were pending.

[Ground for Recognition: Unsatisfy, Gap evidence and Eul evidence, the name of Gap evidence, are the names of evidence in the principal lawsuit (number ...).

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