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(영문) 광주지방법원 목포지원 2018.05.09 2017가단1606
건물명도
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is simultaneously paid KRW 51,288,380 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts below the basis of facts do not conflict between the Parties.

On July 2015, the Plaintiff leased the instant store to the Defendant at KRW 1,570,00 (including value-added tax of KRW 70,000) monthly rent, and received KRW 100,000,000 in total as security deposit and premium.

Article 1 The lessee shall pay to the lessor the rental deposit and the rent for the store of this case as follows:

Deposit KRW 70,000,000, monthly rent of KRW 700,000 shall be paid and received at the time of contract at the rate of 30th day of each month. The remainder of KRW 60,000,000 shall be paid on July 16, 2015.

Article 2 The lessor shall deliver the above real estate to the lessee by July 20, 2015, with the condition that it can be used for the purpose of the lease, and the term of lease shall be 24 months from the date of delivery.

On July 16, 2015, the Plaintiff and the Defendant drafted a lease agreement (hereinafter “instant lease agreement”) with the following terms on July 16, 2015.

The defendant did not pay the rent from November 2016, and the plaintiff notified the defendant that the lease contract was terminated on the grounds of the rent delay around February 22, 2017.

The Defendant operated the instant store by June 8, 2017, and demanded the Plaintiff to return the remaining deposits, but the Plaintiff refused to do so, and the Defendant occupied the instant store until now.

The Defendant did not pay 898,020 won for the electricity of the instant store.

2. The assertion;

A. On July 6, 2015, the Plaintiff and the Defendant agreed to set up a lease term of two years, deposit of 30,000,000 won, premium of 70,000,000 won, monthly rent of 1,570,000 won (including value-added tax of 70,000 won) with respect to the lease of the instant store.

The lease contract of this case is only formally prepared by the defendant as it is necessary for the defendant to get a loan.

(2)

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