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(영문) 서울동부지방법원 2016.06.16 2015가단1582
건물인도 등
Text

1. Defendant (Counterclaim Plaintiff) B: (a) from March 4, 2015 to March 4, 2015, with respect to KRW 9,250,000 from KRW 11,220,00 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. On January 6, 2010, Defendant B entered into a lease agreement with the Plaintiff on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant apartment”), with a period of KRW 50 million, KRW 2 million per month, and KRW 200,000 per month from February 22, 2010 to February 21, 2012 (hereinafter “instant first agreement”), and began to reside in the instant apartment with the Defendant C and other family members, the husband, around that time.

B. On January 11, 2012, when the contract term expires, Defendant B and the Plaintiff concluded a renewal contract with the effect that the rent shall be increased to KRW 2050,000 per month and the remainder of the contract term shall be extended to the same content as the existing lease contract, and the rent on the same day shall be increased to KRW 2050,00 per month, but the amount of the lease deposit shall be the same and the lease term shall be extended to February 21, 2014 (hereinafter “instant second contract”).

C. Defendant B did not pay KRW 1,845,00 (i.e., KRW 2050,000 x 9) for nine months up to January 2014. Around January 27, 2014, prior to the expiration of the instant contract term, Defendant C had Defendant C discuss the terms and conditions of extension of the existing contract with the Plaintiff’s agent on his/her behalf. The Plaintiff and the Defendants agreed on the extension of the existing contract by December 21, 2014, including the sum of KRW 2,50,000,000,000,000,000,000,000,000,000,000,000,0000,000,0000,000,000,000,0000,000,0000,000,000).

However, the Defendants only paid KRW 2050,000,000 for the rent of February 2, 2014, according to the instant extension agreement until March 21, 2015.

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