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(영문) 서울중앙지방법원 2018.02.01 2016가단5309483
건물명도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) written from 150,000,000 won to 150,000 won from the Plaintiff (Counterclaim Defendant) as set out in the Appendix from June 1, 2017.

Reasons

1. Determination as to the main claim

A. (1) The Plaintiff is the owner who acquired the ownership of the building listed in the separate sheet (hereinafter “instant commercial building”) on May 18, 1981, and the Defendant is the lessee who operated the restaurant in the name of “C” from around 2008.

(2) On August 30, 2013, the Plaintiff and the Defendant concluded a lease contract with a deposit of KRW 150,00,000, monthly rent of KRW 6,300,000 (Additional tax separate), monthly management expenses of KRW 600,00, monthly management expenses of KRW 600,000, and the term of lease from September 1, 2013 to August 31, 2016.

(3) On June 1, 2016, the Plaintiff: (a) terminated on August 31, 2016; (b) sent a certification of the content that included the request for the delivery of the instant commercial building by September 7, 2016; and (c) around that time, the said certification reached the Defendant.

(4) As of the date of the closing of argument in the instant case, the Defendant continued to operate the instant commercial building, and did not pay monthly rent and management expenses from June 1, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7, purport of whole pleadings

B. According to the facts of the above recognition, since the lease contract between the plaintiff and the defendant terminated on August 31, 2016, the defendant is obligated to deliver the above commercial building to the plaintiff at the same time after deducting the amount calculated by the ratio of KRW 7,530,00 from KRW 150,000 to KRW 150,000,000 from June 1, 2017 to the completion date of the delivery of the above commercial building (=the rent of KRW 6,30,000, KRW 630,000 from KRW 6,30,000 from the rent of KRW 6,30,00 from the rent of KRW 6,00,00 from

2. Judgment on a counterclaim

A. The summary of the argument (1) The Defendant: (a) concluded a premium agreement with D that the Defendant wishes to become a new lessee and requested the Plaintiff to conclude a lease agreement with D; (b) however, the Plaintiff presented a condition that it is difficult to accept, such as demanding excessive deposit and rent, and obstructed the Defendant’s collection of the premium, and thus, should compensate for the damages.

(2) The plaintiff: D is the most important to the defendant.

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