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(영문) 서울북부지방법원 2018.05.25 2017가단19019 (1)
소유권에 기한 부동산인도
Text

1. Defendant (Counterclaim Plaintiff) B and Defendant C shall have a 140.40 square meters wide among the real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 31, 2007, the Plaintiff and Defendant B entered into a lease agreement with respect to KRW 10,000,000, monthly rent of KRW 700,000, monthly rent of KRW 30,000, monthly rent of KRW 300,000, monthly rent of KRW 200, and the lease period of KRW 2 years, and the Plaintiff may terminate the contract if Defendant B subleases without the Plaintiff’s consent or fails to pay rent on more than two occasions, and the Defendant B agreed to recover the instant store and return it upon the termination of the lease agreement.

B. On May 31, 2007, Defendant B paid KRW 10,000,000 to the Plaintiff as lease deposit, and operated danran bar by receiving delivery of the instant store, and the said contract was several renewed. The Plaintiff and Defendant B agreed to additionally pay KRW 50,000 per month from August 2009, and KRW 70,000 per month from September 2009.

C. Defendant B paid KRW 85,430,00 among KRW 98,110,00, such as the rent to be paid as of July 31, 2017 ( KRW 83,050,000,000 deposited in the account) and delayed payment of KRW 12,680,000 for about 15 months (= KRW 98,110,000-85,430,000). On April 1, 2017, Defendant B sub-leaseed the instant amount as KRW 10,000,000 for sub-lease deposit, KRW 730,050,000, KRW 240,000 for June 1, 2008.

On August 8, 2017, the Plaintiff sent to Defendant B a certificate of content that the said lease contract was terminated on the grounds of the delinquency in rent and without permission, and around that time the said certificate was served on the said Defendant.

E. Defendant B paid the Plaintiff KRW 6,00,000,000 on August 8, 2017, and Defendant C paid to the Plaintiff an amount equivalent to the rent after November 2017.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3, 5, 7, Eul evidence 5, Eul evidence 5, witness D's partial testimony, the purport of the whole pleadings

2. Determination on the main claim

(a)the above recognition of the request for the delivery of a building;

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