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(영문) 대구지방법원 2020.08.14 2019가단130477
청구이의
Text

1. The Daegu District Court on February 14, 2019 against the Plaintiff (Counterclaim Defendant) and the designated parties (Counterclaim Defendant).

Reasons

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. The Defendants are the owners of each of the separate buildings listed in the attached Table 2 list of the first floor of the commercial building located in Daegu Suwon-gu C (hereinafter “instant commercial building”).

B. The first floor of the commercial building of this case has been installed with walls among them and used in combination with the same part (Ddong) and the same part (Edong) as shown in the attached Form 4. While it is registered as an aggregate building, each inside part, other than the above part, is not divided into walls.

C. On January 1, 2012, divided owners, including the Defendants, leased Edong to Nonparty F without a lease deposit, with the term of lease from January 1, 2012 to December 31, 2016. The agreement was made to pay the rent in advance (hereinafter “F rental agreement”) by setting the lease term from January 1, 2012 to December 31, 2016.

The Selection G received from F as E-dong manager a monthly rent of KRW 10 to KRW 23,970,000, and distributed to each sectional owner according to the area of each sectionally owned building. The amount distributed to the Defendants is as stated in the “10-month distribution amount” column of attached Table 3.

Therefore, the monthly rent of the Defendants is the amount indicated in the “monthly rent” column of the attached Table 3.

E. From May 1, 2015, F did not pay the difference. However, on February 14, 2018, F paid the difference in arrears for a period of four months from May 1, 2015 to September 1, 2015 by remitting KRW 5,848,392 to the Daegu Bank Account in Defendant B’s Daegu Bank Account.

F. Around August 5, 2015, F transferred “H” to the Plaintiff, who operated “I” in Ddong around KRW 100 million, while operating “H” in Edong, and transferred “H” occupation to Hawon around September 10, 2015.

G. The Defendants filed a lawsuit against the Plaintiff and F with Daegu District Court No. 2017Kadan11787, and filed a lawsuit against the Plaintiff and F, such as the name of the building. On February 1, 2018, the Defendants rendered a favorable judgment, and the complaint was filed.

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