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(영문) 서울남부지방법원 2021.01.14 2020가단233942
건물인도
Text

Defendant (Counterclaim Plaintiff) B pays KRW 6,300,000 to the Plaintiff (Counterclaim Defendant). 2. Defendant (Counterclaim Plaintiff)’s counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. D, on July 1, 2008, was an owner of the real estate listed in the separate sheet (hereinafter “instant real estate”).

E From July 1, 2008, the lease deposit amount of the above real estate was KRW 30,00,000, and the lease term was set as 24 months from July 1, 2008, and the lease contract was concluded, and was handed over on July 1, 2008.

The instant lease contract has been implicitly renewed even after the expiration of the lease term.

B. On December 14, 201, after obtaining the consent on the sub-lease of the instant real estate from E, D, on December 14, 2011, a sub-lease contract which is concluded to sublease 20,000 won in the case of sub-lease deposit, monthly rent of KRW 600,00, and monthly rent of KRW 600,00 to sub-lease 24 months from December 15, 201 (Provided, That Defendant B is the mother of Defendant C, and the lessee is the Defendant C.

The instant sub-lease contract was concluded, and the Defendants received delivery of the instant store on December 15, 201.

Even after the lapse of the sub-lease period, the pre-lease contract in this case was implicitly renewed, and the lessee’s name was changed to B as of January 16, 2016.

(c)

On March 7, 2019, the Plaintiff completed the registration of the transfer of ownership, which was based on the grounds for registration as “Inheritance by the division of consultation on September 22, 2018,” with respect to the instant real estate.

On April 2019, the Plaintiff notified D of its refusal to renew the instant lease agreement, and agreed to terminate the instant lease agreement on February 29, 2020 with D, taking into account the circumstances of the lessee.

(d)

Accordingly, D, on August 10, 2019 and November 6, 2011, notified the Defendants that they would refuse to renew the sub-lease contract of this case until February 28, 2020.

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