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(영문) 대전지방법원공주지원 2020.05.21 2019가단22035
건물명도(인도)
Text

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

(a) Attached 2. Map 1 of each land listed in the Schedule of Attached 1;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiffs are the owners of each land listed in the separate sheet No. 1 (hereinafter “instant land”) and buildings listed in the separate sheet No. 1 attached thereto (hereinafter “instant building”).

B. On July 6, 2015, the Plaintiffs leased the instant building to the Defendant with a deposit of KRW 10,000,000, monthly rent of KRW 600,000 (payment on July 6, 200), from July 6, 2015 to July 5, 2017 (hereinafter “instant lease agreement”).

The terms and conditions of the instant lease agreement include the following: “The part attached by the tenant of the building shall be restored to its original state without any condition.”

C. Meanwhile, from July 2014, the Defendant concluded a lease agreement on the instant building with F, the former owner of the instant building, and used and made profits from the instant building. However, the instant building was extended at a volume of nine square meters per annum for the main part on June 26, 2014 (hereinafter “the instant extension”). around that time, the instant building was completed construction of a temporary building (hereinafter “the instant temporary building”) with the area of 16.01 square meters in part (B) connected in line with each of the items of (2), 12, 13, 5, 4, 3, and 2 attached Table 2.

From May 2017, the Defendant began to delay the rent from around February 2018, and the Plaintiffs urged the Defendant to pay KRW 5.4 million in arrears from March 5, 2018 to March 5, 2017, and if no implementation is made, the instant lease agreement shall be terminated.

“The content-certified mail sent to the Defendant, and the above content-certified mail reached the Defendant around that time. In addition, around July 26, 2019, the Plaintiffs urged the Defendant to pay KRW 7.8 million in arrears (from May 25, 2017, 7., 8., 9., 11., 12/12.1, 2.2, 7., 7., 5.3, 5.6, and 7.) to the effect that “the lease contract of this case is terminated” from August 25, 2019 to the end.

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