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(영문) 의정부지방법원 고양지원 2018.05.31 2016가단85282
건물명도 등 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) The Attached Form 2 shall be indicated on the first floor of the real estate listed in the Attached Form 1.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. From around 2003, Defendant E: (a) leased a part of the real estate listed in the attached Table 1’s real estate list (hereinafter “the instant building”); (b) operated “F” on November 1, 2013; (c) concluded an agreement with the former owner G of the instant building to lease a part of the attached Form 2(b) and 79.34 square meters (hereinafter “two-story store”) of the instant building on the condition that the lease is made between the former owner G of the instant building and the former owner of the instant building; and (d) concluded the lease agreement with the former owner of the instant building on November 1, 2013, by combining the part(a) indicated in the attached Form No. 79.34 square meters (hereinafter “one-story store”) among the first floor of the instant building with the lease deposit amount of KRW 10,000,000,000 (including additional tax), and the lease agreement was renewed without any specific change in the lease agreement (hereinafter “existing lease agreement”).

B. On December 1, 2015, the Plaintiffs completed the registration of ownership transfer with respect to shares 1/5, 2/5, respectively in the name of Plaintiff A, Plaintiff B, and C, on the grounds of sale as of September 9, 2015, on the instant building.

C. At the time of the registration of transfer of ownership of the instant building, the Plaintiffs succeeded to the existing lease agreement with Defendant E, and at that time, the lease deposit paid by Defendant E under the existing lease agreement was fully deducted due to the overdue rent.

Plaintiff

On December 10, 2015, A sent to Defendant E a certified mail stating that “The existing lease agreement will expire as of March 31, 2016, including the first and second floor stores, with a total of KRW 80,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.”

E. On March 17, 2016, Plaintiff A and the Defendants: (a) the lease deposit amount of KRW 20 million; (b) KRW 3.6 million per month; (c) the lease deposit of KRW 10 million per month; and (d) the lease deposit of KRW 10 million for the second floor; and (e) the additional tax of KRW 1.4 million per month for the rent of KRW 1.4 million; and

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