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(영문) 인천지방법원부천지원 2017.07.05 2016가단116581
건물인도 등 청구
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) A is a building listed in attached Table 1;

B. Defendant B shall be in annexed Form.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff newly constructed a D Apartment in Kimpo-si, Kimpo-si, and the International Trust Co., Ltd. entered into a land trust contract with the Plaintiff on November 4, 2009 and was entrusted with the management of the instant rental apartment.

B. On June 26, 2010, the International Trust Co., Ltd. concluded a lease agreement with Defendant B on July 4, 2010 as to the buildings listed in the separate sheet No. 1 with Defendant A, respectively, on each of the buildings listed in the separate sheet No. 5 (hereinafter “instant lease agreement”). The Defendants and the Defendants, together with the instant initial lease agreement, concluded a modified agreement with the Defendants, to modify a part of each of the above lease agreements (hereinafter “instant lease agreement”). The Defendants occupied each of the leased premises from the time of the conclusion of each of the above lease agreements.

On the other hand, the reasons for cancellation and termination under the instant lease agreement are as follows.

Article 9 (Cancellation and Termination of Lease Contract) (1) Where "B" (referring to a tenant) commits any of the following acts, "A" may cancel or terminate this contract, or refuse to renew the lease contract:

6. Where a cause for the loss of benefit within the term from a financial institution occurs;

C. The Defendants borrowed part of the lease deposit from the new capital capital, etc. (hereinafter “the instant financial institution”) and paid the following amount. During the instant lease agreement period, the Defendants lost the profits under the loan agreement between the instant financial institution due to the reasons such as the principal and delayed payment, etc.

Defendant A, a financial institution of the lease deposit loan of the date of contract, with Defendant A, at the time of December 18, 2009, 202,00 won 48,000,000 Won 203,50,000 Hana Bank Defendant B, Defendant B, 368,000,000 won on July 5, 2010, 200 Won 55,000,000 won

D. The Plaintiff’s loans to the instant financial institution are all as follows.

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