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(영문) 대구지방법원 김천지원 2018.12.18 2018가단34199
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) from September 12, 2018 to the Defendant (Counterclaim Plaintiff) respectively regarding KRW 53,794,520 and each of the said amounts.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 29, 2016, the Plaintiff: (a) separately set the lease term from May 26, 2016 to November 25, 2016, with the amount of rent of KRW 150,000,000 (excluding value-added tax) that the Defendants shared from the Defendants, for the purpose of using it as a site for model housing for apartment sale; and (b) respectively, leased the amount of rent of KRW 2,059,7 square meters (hereinafter “instant land”).

On the other hand, the Plaintiff purchased sample houses already installed on the instant land from F Co., Ltd.

B. Since then, the Plaintiff and the Defendants concluded an extension contract with respect to the instant land: (a) the lease period from November 26, 2016 to November 25, 2017; (b) the 12-month rent was determined as KRW 330,00,000 (including value-added tax); (c) the lease period was extended on November 17, 2017, before the expiration of the said lease period was extended to January 25, 2018; and (d) the said two-month rent was paid KRW 50,00,000 (value-added tax separate); and (e) again, the lease contract was concluded to extend the lease period to March 25, 2018; and (e) the lease agreement was concluded to pay KRW 50,000,000 (excluding value-added tax) with the rent extended to March 25, 2018.

According to Article 4 of the instant lease agreement, the Plaintiff is obligated to remove the model house and restore the land of this case by the expiration date of the lease term, and if the Plaintiff fails to remove it within the expiration date of the lease term, the unpaid rent shall be calculated on a daily basis from the expiration date of the lease contract to the completion

(hereinafter referred to as “instant agreement”). C.

On July 22, 2018, the Plaintiff completed the removal of the sample house.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the fact that the Plaintiff’s obligation to pay the rent was recognized, the said lease term expires on March 25, 2018.

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