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(영문) 인천지방법원 2015.04.30 2013가단6505
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) is from 3,421,00 won to 3,421,00 won from the Plaintiff (Counterclaim Defendant) to 243 square meters from Apr. 2, 2015 to Bupyeong-gu Incheon.

Reasons

1. The following facts, which are common to the principal lawsuit and the counterclaim, are not disputed between the parties, can be acknowledged by taking into account the following facts: Gap evidence 1 (the same as Eul evidence 4), Gap evidence 1-2 (the same as Eul evidence 3), Gap evidence 1-3 (the same as Eul evidence 6), Gap evidence 2-6, Eul evidence 9-11 (including the branch numbers), the fact inquiry results to the director of the tax office North Incheon District Tax Office and the whole purport of the pleadings and appraisal results by appraiser D.

(1) On April 1, 1997, the Plaintiff concluded a lease agreement between the Plaintiff and the Defendant, etc., and the Defendant indicated on the attached list of the land of Bupyeong-gu Incheon Metropolitan Government C large 243 square meters on the ground (hereinafter “instant building”).

(2) On February 23, 2007, the Plaintiff leased to the Defendant the total of 139.44 square meters of the underground floor of the instant building as KRW 139.44 square meters from the delivery date ( March 27, 2007) a lease deposit of KRW 7 million, monthly rent of KRW 500,000,000 and KRW 24 months from the lease deposit of KRW 19,20,000,000,000 and KRW 300,000,000,000,000,000,000,000,000 won and KRW 1,000,000,000,000 won and KRW 1,39,000,000,000,000.

3) Subsequent to the instant building, a factory lot (in part of Bupyeong-gu Incheon Metropolitan City, the site for the instant building) is part of 243 square meters.

(4) At the time of the instant lease agreement, the Plaintiff and the Defendant agreed to use the part attached to the household store of the first floor among the above co-owners as a household exhibition place, etc. for the lease period, and to restore and deliver it to its original state upon the termination of the lease contract. 4) At the present, the Defendant, who continued to run on the side side of the household store of the first floor of the instant building to the lower floor, and used it as a household exhibition place, etc., by building up a building with the roof structure of the second floor of the asbestos slate part (2) in sequenced in order to connect each point of (2) of the attached drawing No. 28, 17, 21, 22, 23, 24, 25, 26, 7, 8, 9, 10, 27, and 28.

Only a household exhibition center shall be the first place.

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