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(영문) 서울북부지방법원 2020.10.16 2018가단23497
건물명도
Text

1. The part concerning the claim for cancellation of the lease registration in the principal lawsuit of this case shall be dismissed.

2. The plaintiff (Counterclaim defendant, the designated party).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiffs are the owners of the entire 84.75 square meters and the entire 86.63 square meters of the 1st floor of the building indicated in the attached list (hereinafter “instant building”) and the entire 86.63 square meters of the 2nd floor (hereinafter “the 1st floor and the 2nd floor”).

The defendant is a company established with the business purpose of producing and selling music records and publishing books, and E is the representative director of the defendant.

B. The Plaintiffs entered into a lease agreement with E on March 3, 2006 and entered into a lease agreement with the lease deposit of KRW 15,000,000, monthly rent of KRW 1,500,000, and the lease term of KRW 2 years from April 1, 2006, and delivered the above commercial building to E around that time.

After that, on January 1, 2015, the Plaintiffs increased the monthly rent to KRW 2,00,000 between the Defendant and the lessee of the instant commercial building, and entered into a lease agreement with the Defendant for a period of two years from January 1, 2015.

(hereinafter “instant lease agreement”). The instant lease agreement was implicitly renewed, resulting in disputes arising from the occurrence of the following accidents, and terminated by agreement around February 19, 2018.

C. On February 3, 2018, the occurrence of the same wave accident, and around February 3, 2018, water leakage occurred in the underground toilets due to the water wave of the instant building, and the instant shopping district was flooded.

On October 30, 2018, according to the lease registration, commercial delivery, and the application of the defendant of the rent-to-rent, the registration of the lease of commercial buildings was completed as of the Seoul Northern District Court Decision 2018Kadan165, Seoul Northern District Court Decision 2010, Seoul Northern District Court Decision 83032, Nov. 13, 2018.

The Defendant delivered the instant commercial building to the Plaintiffs on January 31, 2019, but did not pay 8,000,000 won in arrears until now.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 7 (including provisional number), and

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