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(영문) 대구지방법원 2018.04.27 2016가단9985
건물명도등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 4,952,221 to the Plaintiff (Counterclaim Defendant) and its related amount from October 22, 2016 to April 27, 2018.

Reasons

1. Basic facts

A. On January 1, 2010, the Defendant leased the second floor of D (hereinafter “instant real estate”) located in Busan Metropolitan City from the Chang Do, Inc. (hereinafter “Nonindicted Company”) with a deposit of KRW 100 million, monthly rent of KRW 700,000,000, and from January 1, 2010 to 24 months, and operated the party hall on the instant real estate.

B. On January 4, 2014, the Plaintiffs purchased the instant real estate from Nonparty Company and completed the registration of ownership transfer on February 28, 2014.

The special terms and conditions in the above sales contract include "(TV, computer, party platform, etc.) to be succeeded by the purchaser because the equipment of the party headquarters is owned by the seller."

C. On February 28, 2014, the Plaintiffs and the Defendant entered into a lease agreement with a deposit of KRW 50 million, KRW 1650,000 per month of rent (including value-added tax), and from March 1, 2014 to February 28, 2016 as to the instant real estate, and entered into the lease agreement with a period from March 1, 2014 to February 28, 2016, in the column for special terms and conditions of the lease agreement, the Plaintiffs and the Defendant entered “the facilities include the lessor’s separate expenses for joint management, fire-fighting, electric safety, elevator electricity, clean-use, clean-site sewage

(A) No. 2-2, hereinafter “instant lease contract”). D.

On March 17, 2015, the defendant published an advertisement on the rent of the party room with the deposit of KRW 50 million at the intersection, KRW 1.5 million per month of rent, and KRW 50 million of the premium for facilities.

E. On August 10, 2015, the Defendant expressed his/her intent not to renew the contract any longer upon the expiration of the lease term for the Plaintiffs.

F. On February 15, 2016, the Defendant entered into a premium contract with a security deposit of KRW 50 million per month, KRW 1.5 million per month of rent, business premium of KRW 40 million (excluding facility costs) with respect to the party room operated in E and the instant real estate.

G. On February 24, 2016, the Defendant prepared a provisional contract with a new lessee around 20:00 on February 16, 2016 and approved the Plaintiffs.

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