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(영문) 서울서부지방법원 2018.03.29 2017가합34011
건물명도(인도)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 26,552,424 to the Defendant (Counterclaim Plaintiff) and its related amount from July 3, 2017 to March 29, 2018.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Plaintiff shared 1/2 shares of each of the five-story housing and neighborhood living facilities (hereinafter “instant building”) that are mother C and Yongsan-gu Seoul, Yongsan-gu, Seoul, respectively, shared 1/2 shares of each of the five-story housing and neighborhood living facilities (hereinafter “instant building”).

B. Upon the Plaintiff’s consent or consent, C leased the instant building of 191.4 square meters (hereinafter “instant store”) to the Defendant; (i) on February 28, 2011, lease deposit of 30 million won, monthly rent of 1.8 million won (excluding value-added tax); and (ii) from February 28, 2011 to February 27, 2013, the lease deposit was paid to C; (iii) on February 28, 2013, the lease deposit and monthly rent of 191.4 square meters (hereinafter “instant store”); and (iv) on February 28, 2013, the lease deposit and monthly rent were the same as the previous lease deposit and the lease term was set from February 28, 2013 to February 27, 2015, and the lease deposit was extended from February 207 to February 27, 2015 (hereinafter “the lease deposit”).

(3) On December 27, 201, the Defendant received the instant store’s delivery, and completed business registration on December 27, 201, and operated Taekwondo painting at the instant store under the name of “E.” D. On November 25, 2016, the Plaintiff sent proof of the content that “The Defendant demanded the Defendant to leave the instant store by December 10, 2016 on the ground that the noise and vibration generated from the Taekwondo painting operated by the Defendant is serious to the extent that the noise and vibration would pose a threat to the safety of the building; if the instant store is not returned thereafter, the Defendant shall be notified of the increase of KRW 4 million per month.”

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