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(영문) 대전지방법원 2019.02.14 2016가단25888
건물명도
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 21,611,702 with full payment from February 14, 2019.

Reasons

1. The facts of recognition shall be deemed as the principal lawsuit and counterclaim;

A. On November 5, 199, on behalf of the Plaintiff, the Plaintiff’s father He leased real estate listed in the separate sheet (hereinafter “the instant store”) to the Defendant as KRW 30 million, the lease deposit period of KRW 24 months, and the monthly rent of KRW 1 million (the first lease contract), ② the lease deposit of KRW 20 million, the lease period of KRW 24 million from November 20, 2001, and the monthly rent of KRW 850,000 (the Plaintiff’s second lease contract, the difference of the lease deposit amount of KRW 10,000,000,000 to the Defendant on February 14, 2002, the lease deposit was concluded with the Defendant on December 19, 201; and the lease period of KRW 10,000,000,000 to KRW 5,000,000,000).

(The third lease contract, however, the lease contract has been made out in the way of the disturbance of the rent, taking into account the tax, etc.

In managing the store of this case on behalf of the plaintiff, the deceased directly processed the conclusion of the lease contract and the receipt of monthly rent. The tenant of another store (D & E) leased by the deceased, including the store of this case, requested the adjustment of rent every time on the ground of aggravation of business performance, etc. In addition, from April 2006, the deceased adjusted the rent at KRW 50,000 from April 2006 to May 2008, and the defendant paid KRW 550,000 per month from April 2006 to May 2008.

C. The Deceased died on May 2008. On July 5, 2008, the Plaintiff concluded a lease contract with the Defendant on July 5, 2008, set the lease deposit amount of KRW 20 million, the lease period of KRW 12 months, and the monthly rent of KRW 550,000 (the fourth lease contract), and the lease contract was subsequently renewed implicitly.

(hereinafter collectively referred to as "the instant lease agreement") d.

The defendant shall file an objection on May 13, 2016.

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