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(영문) 수원지방법원안양지원 2017.11.17 2016가단110435
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. The Defendant (Counterclaim) received KRW 50 million from the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 14, 2015, the Defendant purchased real estate listed in the separate sheet (hereinafter “instant building”) from C and completed the registration of ownership transfer on March 31, 2015.

B. In 2007, the Plaintiff leased and operated the instant building from C, the former owner of the instant building. On August 9, 2014, the Plaintiff concluded a lease agreement between C and the instant building from August 10, 2014 to August 9, 2016, with a deposit of KRW 50 million, and a monthly rent of KRW 1.8 million.

C. On March 31, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, who succeeded to the lessor’s status from C, with respect to the instant building from March 31, 2015 to August 9, 2016, with respect to which the term of lease was determined as KRW 50 million, monthly rent of KRW 1980,000 (hereinafter “instant lease agreement”) and stipulated the following special terms, and the Defendant has operated the instant building until now.

1. It shall be leased in the basic and present state of the facility;

2. Other matters shall be governed by the Commercial Building Lease Protection Act.

3. The lessor does not recognize the premium, and the value-added tax is separate on the rent; 4. Rent may be disposed of at will of the lessor in the event of arrears for three months.

5. The lessee shall be responsible for the restoration to its original state upon expiration of the contract.

6. To prepare a written contract by succeeding the remaining period of lease due to the change of owner (based on recognition), the fact that there is no dispute over the remaining period of lease, the entries in Gap evidence 1, 2, Eul evidence 1 (including additional numbers), and the purport of the whole pleadings;

2. Determination on the main claim

A. On May 21, 2016, before the expiration of the instant lease agreement, the Plaintiff entered into a premium agreement with D, which covers KRW 90 million as to the instant building (hereinafter “the instant premium agreement”) and arranged a lease agreement with the Defendant, but the Defendant refused to enter into a lease agreement with the new lessee.

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