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(영문) 서울중앙지방법원 2018.08.31 2017가합577339
건물명도(인도)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B. 163,09.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On September 18, 2015, the Plaintiff entered into a lease agreement with Defendant B and the Plaintiff, and the Yeongdeungpo-gu Seoul Metropolitan Government D ground reinforced concrete structure and brick slves neighborhood living facilities (hereinafter “instant building”).

) Of the leased objects, approximately 13 square meters in stores of the first floor and approximately 150 square meters in warehouses (hereinafter referred to as “instant store”), among the leased objects, the part of the store, and the warehouse part, as “instant warehouse,” and in combination, the leased object is “the instant lease object.”

(2) Defendant B entered into a lease agreement with the Plaintiff as to KRW 100 million, monthly rent of KRW 10 million (excluding value-added tax), and the lease term of KRW 10 million. Defendant B paid KRW 100 million to the Plaintiff at around that time, and operated a wood station with the trade name “E” after receiving delivery of the object of the lease of this case.

Defendant B used the instant store as an office, and the instant warehouse as a warehouse that keeps timber.

3) On September 29, 2016, the Plaintiff and Defendant B concluded a lease agreement under which the term of lease is extended from October 1, 2016 to September 30, 2020 with respect to the subject matter of the instant lease (hereinafter “instant lease agreement”).

(B) On March 11, 2017, Defendant C agreed to jointly perform the obligation under the instant lease agreement between Defendant B and Defendant C. Around March 23:14, 2017, at the same time as the gas explosion occurred in the instant store, the instant store was set up, and the instant store was set up due to the explosion, and the said explosion spreads to a wooden malle, which was destroyed by the sand site panel roof of the instant warehouse and loaded inside the warehouse, thereby damaging the area of approximately 300 square meters out of the total floor area of the instant warehouse, which was 510 square meters.

(2) According to the fire site investigation report prepared by the Yeongdeungpo Fire Station, the cause of the instant fire accident is an explosion (explosive by explosion) after leakage of LPgas.

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