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(영문) 대전지방법원서산지원 2016.10.26 2016가단2330
건물인도 및 퇴거
Text

1. The Defendant (Counterclaim Plaintiff) B shall deliver to the Plaintiff (Counterclaim Defendant) the second floor of 362.79 square meters out of the real estate indicated in the separate sheet.

2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 5, 2013, the Plaintiff entered into a lease agreement on the second floor of a building (hereinafter “instant building”) with Defendant B on November 5, 2013.

The second floor (hereinafter referred to as "second floor") is all of the two floors;

) The lease deposit is KRW 20,000,000 (in the case of a contract, KRW 10 million, KRW 10,000,000,000) and KRW 1,40,000,000,000 (in the case of a special contract for value-added tax lease on November 30, 2013) of the rent month.

(2) Defendant B paid KRW 20 million to the Plaintiff as follows: (a) the term of the contract was set from November 30, 2013 to November 30, 2015; and (b) Defendant B paid KRW 20 million to the Plaintiff.

Date: KRW 1.4 million on December 2, 2013; KRW 7 million on the aggregate of KRW 1.4 million on December 30, 2013; KRW 1.4 million on January 29, 2014; KRW 1.4 million on March 1, 2014; KRW 7 million on April 1, 2014;

B. On April 1, 2014, the Plaintiff entered into a lease agreement on the first floor of a building 1) on April 1, 2014, the first floor of the instant building 2 and 165.2 square meters (hereinafter “one story”) with Defendant B.

) The lease deposit is KRW 30 million (in the case of a contract, KRW 10 million, KRW 10 million on April 30, 2014, KRW 10 million on July 30, 2014, and KRW 10 million on July 30, 2014), and the rent is KRW 1.2 million on a monthly basis (in the case of a special agreement on value-added tax lease, the payment on the last day of each month, and the special agreement on value-added tax lease).

(2) From April 1, 2014 to April 1, 2016, Defendant B paid to the Plaintiff KRW 20 million out of the deposit for the first floor lease (payment of KRW 10 million on April 1, 2014, and KRW 10 million on April 30, 2014) and paid the following monthly rent.

Date: KRW 1,2930,000,000 won on April 30, 2014; KRW 1,2930,000 won on June 2, 2014; KRW 1.6 million on June 13, 2014; KRW 2.6 million on July 2, 2014; KRW 5 million on September 30, 2014;

C. 1) The Plaintiff and Defendant B, around December 29, 2014, concluded a lease agreement on the fourth floor of a building, and instead, revoked the lease agreement on the first floor around December 29, 2014, the fourth floor of the instant building (hereinafter “fourth floor”).

I draw up a letter to lease KRW 20 million, monthly rent of KRW 200,000,000,000.

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