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(영문) 서울북부지방법원 2018.01.18 2017가단18160
건물명도
Text

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

(a) deliver one story 52.44 square meters among the real estate listed in the attached list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 27, 2011, the Plaintiff entered into a lease agreement with Defendant C to lease the instant building owned by the Plaintiff with the lease deposit of KRW 10 million, monthly rent of KRW 110 million, and KRW 100,000,000 from March 6, 2011, and received KRW 10,000,000 from the said Defendant. Since then, the said lease agreement was explicitly renewed.

B. On April 18, 2015, the Plaintiff: (a) between Defendant B’s agent and Defendant C on April 18, 2015; and (b) to Defendant B, KRW 10 million as lease deposit and KRW 1.2 million as monthly rent.

6. A lease agreement to be leased with a period from April 6, 2015 to April 24, 2015 (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”).

(C) The Plaintiff entered into an agreement with Defendant C, who represented Defendant B at the time of entering into the instant lease agreement, to the effect that “the monthly amount of monthly rent in arrears shall be calculated and paid in addition to 10% per month, and 20% shall be added at the time of long-term arrears” (hereinafter “instant additional agreement”).

On the other hand, the payment of the above lease deposit was to be substituted for KRW 10 million which was already received, and the lease contract of this case was subsequently implicitly renewed.

On the other hand, Defendant B received delivery of the instant building from the Plaintiff on February 27, 2011 under the said lease agreement, and thereafter run a restaurant business with Defendant C, a mother, together with Defendant C, to the present day, while occupying and using the said building.

E. As to the monthly rent payable to the Plaintiff from October 2015 to August 2017 under the instant lease agreement, Defendant B: (a) KRW 1200,000,000 on April 9, 2016; and (b) KRW 80,000 on January 1, 2017; and (c) the same month.

9. 80,00 won, only KRW 80,000 per month 20,000 shall be paid, and the remainder monthly rent shall not be paid.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 5, 6, 7, 12, and Eul evidence Nos. 1 and 2.

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