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(영문) 서울서부지방법원 2019.06.13 2017가단13345
건물명도(인도)
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) B is from 13,953,600 to 13,953,600 won from the Plaintiff (Counterclaim Defendant) on April 1, 2019.

Reasons

The principal lawsuit, counterclaim and the plaintiff's claim against the defendant C shall also be deemed to have been filed.

1. Facts of recognition;

A. On February 27, 2012, the Plaintiff leased to Defendant B the lease deposit amount of KRW 30,00,000, monthly rent of KRW 1,800,000 (excluding value-added tax; hereinafter the same shall apply), and from March 30, 2012 to March 30, 2014, the lease deposit amount of KRW 2,00,000,000 connected each point in sequence of 1,2,3,4, and 1,000 of the attached drawings among the real estate listed in the attached list owned by the Plaintiff among the real estate in the attached list owned by the Plaintiff (hereinafter the “instant commercial building”). On March 31, 2014, the said lease deposit amount shall be increased to KRW 2,00,00 as a monthly rent, and the lease period of KRW 30,30,000 from March 30, 2014 to March 30, 2016.

(hereinafter “instant lease agreement”). B.

After receiving the delivery of the instant commercial building from the Plaintiff, Defendant B completed business registration with Defendant C, along with Defendant C on March 31, 2012, and operated the instant commercial building.

C. Since then, the instant lease agreement was explicitly renewed, and the termination date was set on March 30, 2017. The Plaintiff notified Defendant B of the refusal to renew the instant lease agreement on December 29, 2016, which was three months before the expiration date of the said lease.

On February 27, 2017, the Defendants entered into a contract on the transfer of intangible values, such as tangible values, such as business facilities and fixtures, and goodwill, to E, as premium of KRW 130,000.

On March 2, 2017, Defendant B demanded the Plaintiff to conclude a new lease agreement with respect to E and the instant commercial building by giving notice that the premium contract was concluded as above.

However, on March 7, 2017, the Plaintiff expressed his/her intention to refuse to conclude a new lease agreement and requested Defendant B to enter into a new lease agreement at KRW 50,000,000 with respect to the instant commercial building on March 17, 2017, and KRW 3,000,000 with respect to monthly rent, and the Plaintiff and E.

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