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(영문) 서울중앙지방법원 2017.05.25 2016가합540149
건물명도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall draw up the 2,3,4 and the 2, 4th and the 2nd and the 2nd and the attached Form (2) among the buildings listed in the attached list (1).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner of the D Building (attached Form 1; hereinafter “instant building”) located in Jung-gu Seoul Metropolitan Government, and the Defendant is the lessee who leased the instant building 2, 3, 4 and rooftop from the Plaintiff.

B. On January 4, 2006, the Defendant acquired the right of lease of the second floor of the instant building from the Plaintiff’s wife E to KRW 300,00,000. On January 19, 206, the Defendant acquired the right of lease of the third floor of the instant building from F to KRW 120,000,000. (2) On May 29, 2006, the Defendant leased the instant second floor of the building from the Plaintiff with the deposit deposit amount of KRW 50,000,000, the rent of KRW 2,500,000, the rent of KRW 2,500,000, and on the same day, leased the third floor of the instant building from the Plaintiff to the KRW 20,00,000, the rent of KRW 1,80,000 without setting a period.

3) Article 4 of the lease agreement on the second and third floors of the instant building provides that a lessor may immediately terminate a lease agreement if the lessee has failed to pay rent more than twice consecutively, and Article 5 provides that the lessee shall restore the instant building to its original state and return the instant building to the lessor upon the termination of the lease agreement. (C) Around July 2009, the Defendant leased the instant building 4 floors of the instant building to the Plaintiff at KRW 300,000,000 without a deposit, and around that time, leased the instant building 30,000,000 from the Plaintiff at KRW 10,000,000,000 and KRW 50,000,000,000 from July 201, the instant building was leased to the Plaintiff at KRW 4th floor of the instant building.

2. At the time when the Defendant entered into a lease agreement on the fourth floor and rooftop of the instant building, the instant building 2. The term of lease on the fourth floor and rooftop between the Plaintiff and the Plaintiff.

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