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(영문) 의정부지방법원 2014.05.22 2012가합13870
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 17,950,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 16, 2009, the Plaintiff leased the instant real estate to C, etc. as KRW 30 million, KRW 1.5 million per month (payment on December 10), and the period from December 10, 2009 to December 10, 201.

B. After succession to the status of lessee of C, etc., the Defendant concluded the instant lease agreement with the Plaintiff on November 1, 2010 with respect to the instant real estate on the following terms, and thereafter, paid a security deposit at that time, and received the instant real estate from the Plaintiff and operated a singing practice room and a hybrid business with the trade name called “D”.

o Lease Deposit: 1.5 million won per month (i.e., a 15 million won cafeteria at singing) and 1.5 million won per month (i.e., a 750,000 won cafeteria at singing): the 100,000 won per month: the 10-day payment from October 10, 2009 to the 24-month period: The deposit is to be raised in KRW 10,000,000 and monthly tax, respectively.

B. On November 2, 2010, the Mapocheon City accepted an application for change of the name of the representative of the singing practice room business with respect to the instant real estate and the application for change of the trade name (the former business operator: C and the latter business operator B) on the ground of the transfer of the place of business on November 2, 2010, and notified the Defendant, who is the nominal owner, of the fact

C. From March 11, 2011 to March 11, 2011, the Defendant

4. From October 1, 201, the Plaintiff did not pay the rent to the Defendant. On November 11, 2011, the Plaintiff sent to the Defendant a certificate of content that “The Defendant, who was in arrears for not less than seven months and terminated the instant lease agreement and thus, would return the instant real estate by restoring it to its original state,” and around that time, the said certificate of content was served on the Defendant. [In the absence of any dispute over the grounds for recognition, the said certificate was served on the Defendant [Article 1, 2, and 3, evidence Nos. 2, and 3-1, 2, and 3-2, each of the items

2. Determination on the main claim

A. According to the above findings of the determination on the claim for extradition of real estate, the fact of recognition is examined.

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