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(영문) 수원지방법원안양지원 2017.09.21 2015가단114911
건물명도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 363,912, respectively, to the Plaintiff (Counterclaim Defendant) C and D, and KRW 648,793, respectively.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. On July 22, 2011, Nonparty B entered into a lease agreement with the Defendant, setting forth the term “F building No. 6-1 of the second floor of Sinpo City” as KRW 10,000,000, monthly rent of KRW 500,000, and the term of lease from July 22, 2011 to July 21, 201.

Nonparty B and the Defendant agreed to reduce the monthly rent to KRW 450,000 from July 2014.

B. On September 16, 2008, Plaintiff A entered into a lease agreement with the Defendant, setting forth the term “F building No. 6-2 of the second floor of Sinpo City” as KRW 10,000,000, monthly rent of KRW 300,000, and the term of lease from September 16, 2008 to September 16, 2010.

Plaintiff

A and the defendant agreed to raise the monthly rent of KRW 400,000 from June 16, 2015.

C. While the Defendant used each of the above real estate as a single place of business and implicitly renewed each of the above lease agreements with Nonparty B, Plaintiff A, and the Plaintiff (hereinafter “instant lease agreement”), the Plaintiff expressed his/her intent to terminate the lease agreement to the Defendant on August 13, 2015. On September 2, 2015, the Defendant sent text messages demanding the return of the lease deposit after September 16, 2015, to Nonparty B’s expiration date of the contract, each of the instant lease agreements was terminated.

On August 18, 2015, the Defendant issued a certificate of content to request the Defendant to enter into a lease agreement with a new lessee at the real estate brokerage office designated by the Defendant by August 20, 2015.

E. On August 21, 2015, Plaintiff A sent text messages to the Defendant, on condition of a new lease agreement, stating KRW 15,000,000 as lease deposit, monthly rent of KRW 600,00,00 on condition that they would not conclude a contract without complying with the said condition.

F. On August 28, 2015, the Defendant conditioned the Plaintiff A’s premium of KRW 25,000,000, deposit amount of KRW 10,000,000, and monthly rent of KRW 400,000.

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