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(영문) 수원지방법원 2018.05.29 2015가합72159
건물명도
Text

1. The Plaintiff (Counterclaim Defendant) shared with the Defendant (Counterclaim Plaintiff) at KRW 119,176,00,00 and thereafter, from April 13, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiffs entered into a lease agreement with the Defendant on March 3, 2004, as indicated in the separate sheet that the Plaintiffs shared 1/3 shares, respectively, (hereinafter “instant building”).

30,000,000 of the lease deposit (hereinafter “the lease deposit of this case”)

(2) On January 21, 2008, in preparation for the case where the cost of the instant building is to be developed, the Defendant agreed to provide the Plaintiffs with KRW 130,00,000, monthly rent of KRW 350,000. The Defendant paid KRW 130,000 to the Plaintiffs, and occupied the instant building, and operated a restaurant with the trade name of “E”. (2) The Plaintiffs and the Defendant renewed the said lease under the same conditions as the instant building on January 21, 2008. In preparation for the case where the cost of the instant building is to be developed, the term of lease shall be 12 months, but the contract shall be terminated after settlement due to the relevant circumstances.

After all, the plaintiffs and the defendant have explicitly or implicitly renewed the above lease contract, and the renewed lease contract was set at KRW 4,510,000 on January 201.

(hereinafter referred to as "the instant lease contract" in addition to the first lease contract and the subsequent renewed lease contract.

The approval of the housing construction project plan and the conclusion of the instant contract 1) The self-mining construction corporation (hereinafter referred to as the “self-mining construction”).

(2) On May 28, 2015, the Minister of Land, Infrastructure and Transport obtained approval for a housing construction project plan regarding “G newly-built construction project” with respect to the construction of 12 units of multi-family housing, sales facilities, neighborhood living facilities, etc. on a total of 63,496.75 square meters above the surface of 180 square meters, including the site of the instant building, from the Yongsan-si City Mayor, which includes the site of the instant building, from the Yongsan-si City Mayor. The said construction project operator

(2) On July 23, 2015, the Plaintiff A succeeded to the status of the project implementer subject to the approval of the change of the project entity for the said housing construction project from the Gam market.

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