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(영문) 수원지방법원 2019.03.07 2018가단506434
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 8,303,334 from the Plaintiff (Counterclaim Defendant).

Reasons

In the case below, the principal lawsuit and counterclaim shall be deemed to be filed together.

1. Basic facts

A. On October 28, 2015, the Plaintiff’s agent C entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the part (Ga) part (Ga) and 72.91m2 (hereinafter “instant store”) on the 1st floor of the building indicated in the separate sheet owned by the Plaintiff among the 1st floor of the building indicated in the separate sheet owned by the Plaintiff. The key contents are as follows.

Article 1 (Purpose) Deposit of KRW 20 million shall be paid at the time of the contract and the remainder of KRW 13 million shall be paid at the time of the contract and paid at November 30, 2015.

The rent of KRW 500,000 per month shall be paid at the end of each month.

Article 2 (Duration) The lessor shall deliver the above real estate to the lessee by November 30, 2015 in a condition that it can be used for the purpose of the lease, and the term of lease shall be from the date of delivery until November 30, 2017 (24 months).

Article 4 (Termination of Contract) If the lessee's delayed amount of rent falls short of the three-term rent, or if the lessee violates Article 3, the lessor may terminate the contract without delay.

[Matters of Special Agreement]

1. Contract under the current condition of the facility;

2. The lessor shall work to construct boilers and toilets stop and connect electricity and sewage pipes with each other and to complete the installation of the brick stop stod;

3. Separate appointment from value-added tax;

B. On December 24, 2015, the Defendant paid KRW 13 million to C’s account.

C. On February 1, 2016, the Defendant established a Mollium board on the floor of the instant store, and attached a trade name signboard “D Licensed Real Estate Agents” on February 1, 2016, but did not actually conduct business.

The Defendant did not pay the Plaintiff the rent. On November 8, 2017, the Plaintiff sent a certificate of content to the effect that the instant lease contract is terminated on the grounds of unpaid rent, etc., and around that time, the Defendant was served with the certificate of content.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 2 and 3, witness E's testimony, part of witness C's testimony, and this Court.

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