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(영문) 부산지방법원서부지원 2019.11.08 2018가단103493
건물명도(인도)
Text

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

(a) deliver the real estate listed in Appendix 2;

B. 37,126.

Reasons

1. Basic facts

A. C market consolidation project partnership (hereinafter referred to as the “In the following, a small-scale partnership”) has removed existing conventional market buildings on the land D and E of Busan, and has promoted the project of constructing a main complex building with the size of 2nd floor above the fifth floor and ground below (hereinafter referred to as the “instant building”).

On January 31, 2006, the non-party association commenced the instant building with F as the contractor, but did not proceed properly, it changed the Si Corporation to G (G's 'G' in the following) around October 2008.

G has taken over the status of a joint executor from H Co., Ltd., a former joint executor around December 2018, and became a joint executor with the non-party union.

On September 23, 2011, the non-party union obtained approval for the use of the instant building; however, the preservation registration was delayed due to the civil litigation with the non-party union and G; and on March 9, 2015, the preservation registration was made on some of the instant commercial buildings.

I was the president of the non-party partnership from May 14, 2008 to May 20, 2012, and the J was appointed as the president of the non-party partnership on June 21, 2012.

B. I and the Plaintiff concluded a lease agreement with the Defendant as follows with respect to each of the real estate listed in the separate sheet (hereinafter referred to as “instant commercial building K,” “instant commercial building L,” and “instant commercial building M,” respectively)

(1) On September 20, 2012, I changed the number of houses to K through subparagraph (O) with the Defendant on September 20, 2012.

() As to the lease deposit, the lease contract was concluded with a fixed period of KRW 7.26 million, monthly rent of KRW 290,000, and the lease period of KRW 600,000,000. The Defendant paid the lease deposit to I by September 24, 2012, including the payment of the provisional contract deposit on August 28, 2012. The Defendant paid the full amount of the lease deposit to I from October 25, 2012 to November 14, 2014. (2) The Plaintiff paid the lease amount of KRW 60,000,000 from November 25, 2012 to November 14, 2014.

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