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(영문) 인천지방법원부천지원 2016.12.07 2016가단3272
건물인도등
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 9,338,301 to the Plaintiff (Counterclaim Defendant).

2. The remainder of the plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff, as the owner of the building indicated in the attached list (hereinafter “instant building”), entered into a lease agreement with C on April 16, 2015 with respect to the said building as follows.

Lease deposit: 30,000,000 won per month (after payment, the fifth day of each month): Special term of lease: From April 26, 2015 to April 25, 2017: Joint management (cleaning agency fees, safety management expenses, etc.) for each month shall be 181,180 won.

The water supply and sewerage expenses shall be deposited by settling accounts in the number of occupants.

When the annual amount of rent of a lessee falls short of the amount of rent of two terms, the lessor may terminate this contract without delay.

B. By September 30, 2015, D was convicted of the facts constituting the crime of manufacturing and packing cosmetics, which are not fixed goods, from the instant building leased under C’s name, such as snow water, etc., which had been registered as the trademark for the Amototh of Amoth, by arbitrarily using the trademark, and the Defendant, who is a D’s seat, tried to lease the instant building from D. On the Plaintiff’s request, the following lease agreements (hereinafter “instant lease agreements”) were concluded with the Plaintiff around November 2015.

Lease deposit: The lease period of KRW 3,000,000 per month: From April 26, 2015 to April 25, 2017: Special agreement for the period from April 26, 2015: 181,180 won per month joint management expenses (cleaning agency fees, safety management expenses, etc.).

The water supply and sewerage expenses shall be deposited by settling accounts in the number of occupants.

The contract shall be automatically terminated when management expenses and rents are overdue for three months.

When the annual amount of rent of a lessee falls short of the amount of rent of two terms, the lessor may terminate this contract without delay.

C. On November 26, 2015, following the conclusion of the above lease agreement, the Defendant moved into the building of this case. On the same day, the Plaintiff issued an electronic tax invoice claiming KRW 3,925,317 to the Defendant for the total amount of rent and management expenses.

The defendant paid the money to the plaintiff on December 4, 2015.

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