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(영문) 대구지방법원 2020.06.17 2019가단18379
건물인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Daegu Jung-gu B Cdong reinforced concrete structure;

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity established pursuant to the Korea Medicine Promotion Act.

The 4th floor of the reinforced concrete structure B Cdong reinforced concrete structure and the 4th floor of the research institute (research institute) was owned by D, a foundation. After the transfer of ownership due to the reversion of rights to the Oriental Medicine Promotion Foundation, the plaintiff was comprehensively transferred the rights to the Oriental Medicine Promotion Foundation and became owned by the plaintiff.

B. On October 22, 2008, the Plaintiff (hereinafter “Plaintiff”) leased to the Defendant the part of the building indicated in the order of the above building with the amount of KRW 2,00,000 per annum, KRW 10,000 per month, and KRW 50,000 per month.

Since then, the lease term has been extended, and the contract was renewed on November 1, 2017 with the lease term of two years.

C. Around July 31, 2019, the Plaintiff notified the Defendant that the term of the above lease expires, and that the Plaintiff was planned to operate as a public relations center, and that the Plaintiff did not intend to renew the lease.

The defendant does not pay rent after November 1, 2019.

[Evidence] Evidence Nos. 1, 2, 3, 4, 9, and the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim of the principal claim, since the lease term has expired, the Defendant is obligated to deliver the above leased building to the Plaintiff and pay 500,000 won and the amount equivalent to the monthly rent from November 1, 2019 to the above delivery date.

3. Determination on a counterclaim

A. The defendant's assertion that the defendant arranged a new lessee to the plaintiff, but the plaintiff clearly expresses his intention to refuse to conclude a lease contract with the new lessee and obstructed the collection of the defendant's premium, thus, the defendant is liable to compensate for the damages.

B. (1) It is not sufficient to acknowledge that the Defendant arranged a new lessee to the Plaintiff by itself with the statement of the evidence No. 3, and there is no other evidence to acknowledge this otherwise.

(2) On the other hand, the Plaintiff did not use the lease for profit after the termination of the lease of this case.

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