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(영문) 인천지방법원 2017.01.11 2015가단241067
임대차보증금
Text

1. The Plaintiff (Counterclaim Defendant) pays KRW 36,910,000 to the Defendant (Counterclaim Plaintiff).

2. The plaintiff (Counterclaim defendant)'s primary part.

Reasons

1. Basic facts

A. The land in Seo-gu Incheon Metropolitan City is owned by D, but the ownership was transferred to E Sejong on April 15, 1997, and the ownership was transferred to the Plaintiff on November 13, 2009.

B. The Defendant: (a) leased the instant land to D prior to about 30 years, without setting the term of lease; and (b) claimed that the Plaintiff is the Plaintiff at KRW 3.80,000 per annum for a year from the rent to the next one (or the amount corresponding thereto). The Defendant paid the instant land. The Plaintiff owned the said land without permission on the ground and resided until now (hereinafter “instant building”).

Eth, the Plaintiff, in succession, succeeded to the lessor’s status by accepting the ownership of the instant land in succession, and continued to maintain the said lease agreement with the Defendant.

On November 25, 2014, the Plaintiff received a rent of KRW 3.80,00 from the Defendant, and thereafter, on December 9, 2014, the Plaintiff sent to the Defendant, on December 9, 2014, a letter of content-certified mail, stating that the Plaintiff entered into a fixed real estate lease agreement with a deposit of KRW 10 million, monthly rent of KRW 550,000, and the contract term from December 31, 2014 to December 31, 2016, as the officially announced price of the instant land is rapidly increased and various taxes, etc. have increased, and thereafter, the said content-certified mail reaches the Defendant at that time.

E. On December 17, 2014, the Defendant sent to the Plaintiff a content-certified mail stating that the lease agreement under the conditions presented by the Plaintiff is unfair and that such deposit and monthly rent cannot be paid. At that time, the Defendant sent the said content-certified mail to the Plaintiff.

F. As the conditions presented by the Plaintiff on December 24, 2014 are reasonable, if the Defendant refuses to conclude a lease agreement, the Plaintiff requires the Plaintiff to clarify the pertinent land, and demands the Plaintiff to enter into a real estate lease agreement or to restore the land to its original state by January 15, 2015, and the Plaintiff is liable for civil and criminal legal liability if it fails to comply therewith.

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