(영문) 광주지방법원 2016.02.18 2015가합4025

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(영문) 광주지방법원 2016.02.18 2015가합4025

건물명도

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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall deliver each building listed in the separate sheet to the Plaintiff (Counterclaim Defendant).

2...

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On September 6, 2011, the Plaintiff entered into a lease and sales contract with Nonparty C, the agent of Nonparty B, as indicated in the separate sheet (hereinafter “instant building”) between Nonparty C and B.

) A lease deposit is KRW 400,00,000, monthly rent of KRW 4,950,000 (including value-added tax, KRW 15,00 per month), and the lease term is fixed from November 15, 201 to November 14, 2013 (24 months) and B, due to special terms and conditions, purchased the instant building at KRW 1,200,000 (purchase) and agreed to pay the lease deposit at KRW 400,00,000 as the down payment for the sales contract. Since then C entered into a contract with the Plaintiff around November 201, stipulating that the instant building was delivered from the Plaintiff and the instant building was “D” from the instant building.

(2) On August 21, 2012, after the conclusion of the lease and sales contract, the Plaintiff operated the instant building. On August 21, 2012, the Plaintiff: (a) changed the lessee and buyer of the said lease and sales contract from B to the Defendant; (b) the Plaintiff entered into an agreement with the Defendant under which the Plaintiff paid the instant building amounting to KRW 400,000,000, monthly rent 4,950,000 (including value-added tax, payment on the 15th of each month), and the term of lease from November 15, 2011 to November 14, 2013 (24 months); and (c) the Defendant, under a special agreement, sold the instant building in lots (purchase) KRW 1,20,00,000, and the said lease deposit (hereinafter “the instant lease deposit”) to the Defendant (hereinafter “the instant contract”).

3) Details of the special agreement stated in the instant contract and the certificate of contract attached to the instant special agreement (hereinafter “certificate of contract on the instant special agreement”).

The main contents of the Committee shall be as follows:

Matters of special agreement

1.This Agreement shall include:

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