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Reasons
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(영문) 수원지방법원 2017.08.23 2016가단555760
건물인도 등
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1. The defendant shall pay 26,400,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. On June 20, 201, the Plaintiff and the Defendant: (a) concluded a lease agreement with respect to No. 701 and No. 702 of D Building 7, the Plaintiff, the Plaintiff, and the Defendant, the Plaintiff owned on June 20, 201, setting the deposit amount of KRW 200 million; (b) monthly rent of KRW 13 million; and (c) lease period as of June 24, 2013; and (d) the Defendant separately paid the Plaintiff a deposit deposit of KRW 200 million to the Plaintiff.

B. In other words, on January 1, 2012, the Plaintiff and the Defendant concluded a lease agreement with respect to the foregoing 701 square meters, from January 1, 2012 to June 24, 2013, and with respect to the rent of KRW 11,00,00 (excluding value-added tax) to be paid 30 days after the 30th of each month. At the Defendant’s request, on May 30, 2012, the Plaintiff concluded a lease agreement with respect to the above 701 square meters in the name of the Defendant, as to the lease deposit of KRW 10 million, monthly rent of KRW 60,00 (excluding value-added tax), KRW 40,000,000, KRW 200,000 in the name of the lessee, KRW 36,300,000 in the name of each of the lease agreements (excluding value-added tax), and KRW 1,300,000 in the name of each lessee.

C. In the event that the rent is in arrears, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with a deposit of KRW 15 million from April 1, 2015, after deducting the outstanding rent from the deposit of KRW 200 million, and with a deposit of KRW 60 million from the remainder of KRW 70 million from the deposit of KRW 30 million from the deposit of KRW 350,000 per month from the rent of KRW 3.5 million from April 1, 2015 to March 31, 2016 (hereinafter “instant lease contract”). As to the deposit of KRW 15 million from April 1, 2015, KRW 200,000 from the deposit of KRW 702 (98 square meters), and KRW 15 million from the monthly rent of KRW 702 (value-Added Tax) and KRW 703 square meters from the deposit of KRW 15 million from the deposit of KRW 702 (173 square meters).

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