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(영문) 대구지방법원 2017.01.11 2015가단127763
건물명도
Text

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

(a) As from December 1, 2015, real estate listed in the separate sheet.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On November 17, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the head of the Daegu District Tax Office on the real estate listed in the separate sheet (hereinafter “instant real estate”) stating that “The lease deposit is KRW 20,800,000, monthly rent is KRW 1,800,000, and the lease period is from December 1, 2010 to November 30, 2012.” On December 1, 2010, the Defendant handed over the instant real estate from the Plaintiff and applied for registration of the business to the head of the Daegu District Tax Office, “the name of the Plaintiff and the location of the place of business” as “the instant real estate” from January 7, 2011 to operate the specialty store in the instant real estate.

On December 1, 2012, the Plaintiff renewed the instant lease agreement with the Defendant and changed the lease deposit to “40,000,000 won per month, 20,000,000 won per month, and from December 1, 2012 to November 30, 2015.”

On May 29, 2015 and August 31, 2015, the Plaintiff demanded the Defendant to deliver the instant real estate upon the expiration of the said lease term by providing the Defendant with the notice of refusal to renew the instant lease agreement and the notice of termination of the said lease agreement.

On November 16, 2015, the Defendant notified the Plaintiff that “If the Defendant concluded a premium contract with a new lessee, he/she sought consent thereto, and notified the new lessee that he/she would inform the new lessee of the terms and conditions of the lease contract and the schedule for concluding the lease contract with the new lessee.”

On November 23, 2015, the Defendant entered into a premium contract with D and the Defendant’s right to lease, goodwill, etc. (hereinafter “the premium contract of this case”) with the amount of KRW 80,000,000 on the right to lease, goodwill, etc. of the instant real estate.

Meanwhile, the Defendant’s appraised value of the instant real estate is KRW 77,218,00 as of November 30, 2015 (i.e., the appraised value of tangible property at KRW 27,592,00 (i.e., the appraised value of intangible property at KRW 49,626,00).

The Defendant leased the instant real estate.

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