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(영문) 서울서부지방법원 2015.11.18 2015가합3600
건물명도
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) B is from 2.5 million won to 2.5 million won from the Plaintiff (Counterclaim Defendant) on December 1, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 7, 2011, the Plaintiff entered into the instant lease agreement with Defendant B by setting the lease term of KRW 2.5 million from April 30, 201 to April 30, 2013 with respect to the mark 1, 2, 6, 7, and 1, 202, and 9m2 (hereinafter “instant store”) on the second floor of the building indicated in the attached Table 1, which is owned by the Plaintiff, as indicated in the attached Table 2 drawings, among the second floor of the building indicated in the attached Table 1, which is owned by the Plaintiff, as the lease term of KRW 2.5 million from April 30, 201 to April 30, 201, and the said store was delivered to the said Defendant at the same time.

The instant lease contract was implicitly renewed at the expiration of the initial term.

B. Meanwhile, Defendant C, which was established on December 29, 201 and operated the instant store under the name of “C” at the instant store and possessed the instant store with Defendant B.

C. As Defendant B did not pay the rent after December 1, 2014, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the ground thereof on March 11, 2015.

4. By 30. Around 30.0, the instant store was expressed to the effect that it will be handed over.

[Reasons for Recognition] Unsatisfy, Gap 2, 4, and 5, the purport of the whole pleadings

2. According to the facts of the judgment on the claim of this case, since the lease contract of this case was lawfully terminated due to the delinquency in rent for at least two years in arrears of Defendant B, the Plaintiff, the lessor and the owner of this case, and Defendant B, the Plaintiff, the owner of the building, is obligated to receive the remainder of the money calculated by deducting the amount calculated at the rate of KRW 1980,000,000 from KRW 2.5 million to December 1, 2014 from the date the delivery of the store of this case is completed, and to deliver the store of this case at the same time, and Defendant C, the owner of the building of this case, jointly with Defendant B, is obligated to deliver the store of this case.

3. Judgment on the counterclaim

(a) On a counterclaim;

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