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(영문) 수원지방법원성남지원 2016.01.27 2015가합203550
건물명도
Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd. receives KRW 460,000,000 from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

1. Facts of recognition;

A. The Plaintiff owns most of the sections of the first floor and the first floor above ground among the K buildings located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu.

annex 1. through annex 1.

6. Each real estate recorded in the list shall be a partitioned building on the first floor of the above building, annexed Form 7.

8. Each real estate listed in the list is a sectioned building located on the underground floor of the above building, and annexed 2. to 6.

8. Each real estate listed in the list is owned by the Plaintiff, and attached Form 1.;

7. Each real estate listed in the list is owned by the Plaintiff, and the remainder is owned by others.

B. On March 6, 2008, the Plaintiff is between Defendant I and attached Form 1.

8. A lease contract with only 1.4 billion won for each real estate entered in the list, term of lease from April 1, 2008 to March 31, 2015 (hereinafter “the previous lease contract in this case”). On May 2, 2008, Defendant I entered into a lease contract with only 4,400 million won for each real estate entered in the list (hereinafter “the previous lease contract in this case”). In order to secure 900 million won among the lease deposits for the previous lease in this case, part of each real estate listed in the list in attached Form 1 (attached Form 1. All of the remaining real estate except Nos. 12 and 13 among each real estate listed in the list) and attached Form 2 through attached hereto.

6. As to each real estate listed in the list of real estate (the title of each of the above real estate is owned by the Plaintiff as all of the real estate listed in the separate sheet No. 9, the title of the right to lease on a deposit basis, the duration of the right to lease on a deposit basis, from May 2, 2008 to May 2, 2015 (hereinafter “instant right to lease on a deposit basis”).

C. After May 6, 2010, Defendant I established the Defendant Company, and the Plaintiff, at the request of Defendant I, around July 2014, attached Form 1 to the leased object of the instant previous lease agreement.

7. He succeeded to the status of the tenant with respect to each real estate listed in the list, and decided to modify the previous lease agreement of this case, such as lease objects, lease deposit, etc.

Accordingly, on July 25, 2014, the Plaintiff is between the Defendant Company and attached Form 1.

7. Each real estate indicated in the list.

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