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(영문) 대구지방법원 상주지원 2018.11.28 2017가단7629
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 30,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. The facts of recognition shall be deemed both a principal lawsuit and a counterclaim;

A. On November 13, 201, the Defendant: (a) leased a building of 4, 200,000 won on one story above 32 square meters on the ground (hereinafter referred to as “instant store”) among the buildings listed in the separate sheet No. 1 (hereinafter referred to as “instant building”) among the buildings listed in the separate sheet No. 1 (hereinafter referred to as “instant building”); (b) determined and leased a deposit of 30,000,000 won, monthly rent of KRW 50,000,000,000 from December 10, 2011 to December 9, 2013; (c) paid deposit of 30,000,000 won to D; and (d) paid 40,000,000 won to the preexisting lessee to the Plaintiffs as premium, and (d) operated the pharmacy at each place.

Then, the lease contract of this case has been implicitly renewed.

B. On May 15, 2017, the Plaintiffs purchased the instant building from D and completed the registration of ownership transfer for each of 1/2 shares on July 5, 2017, and succeeded to the lessor’s status under the instant lease agreement.

C. On July 6, 2017, the Plaintiffs notified the Defendant of the fact that the instant lease agreement was terminated on December 9, 2017, and thus, the said agreement was not renewed.

On October 29, 2017, the Defendant entered into a premium agreement of KRW 150 million with E on the instant store.

The defendant asserted that when the plaintiffs receive premiums from the defendant, they would be able to run a long-term pharmacy business, and around October 31, 2017, the defendant extended the lease contract of this case to the plaintiff, returned the premiums that he paid to the plaintiffs on the premise of long-term pharmacy business, recognized the premium contract with E and notified it differently, and sent the premium contract with E.

The above premium contract stated that the defendant confirmed and guaranteed the capability of E to pay deposit and monthly rent.

E. On November 3, 2017, the Plaintiff requested the Defendant to issue an order for the termination of the lease contract term.

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