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(영문) 수원지방법원 2016.04.05 2015가단117963
건물인도 등 청구의소
Text

1. The Defendant (Counterclaim Plaintiff) handed over to the Plaintiff (Counterclaim Defendant) real estate recorded in the attached list, and the said real estate was from January 27, 2016.

Reasons

The counterclaim of the principal lawsuit shall also be deemed the counterclaim of the principal lawsuit.

1. Facts of recognition;

A. On February 25, 2008, the Plaintiff handed over to the Defendant the second floor of the instant store and the first floor of the instant store (hereinafter referred to as the “second floor store”) KRW 200,000,000, and the leased object until March 10, 2008, and the lease term was set five years from the date of delivery and leased (hereinafter referred to as the “first unit lease”).

On March 10, 2008, the Plaintiff delivered the instant store and the instant second-class store to the Defendant.

On March 10, 2008, the Defendant issued the instant store and the instant 2nd floor store from the Plaintiff, and opened a restaurant in the name of C cafeteria.

On August 1, 2010, the Plaintiff agreed between the Defendant and the 160,000 won that the Defendant ordered the Plaintiff to provide the instant 2nd floor store among the subject matter of the instant lease agreement, and changed only the instant 1st floor store to the leased object.

B. On March 9, 2013, the Plaintiff agreed with the Defendant to lease the instant store as KRW 160,00,000, monthly rent of KRW 1,200,000 (excluding value-added tax), and from March 9, 2013, the lease term of the instant store was 12 months (hereinafter “instant lease”).

C. On March 9, 2014, the second lease of this case, which was one year later, was explicitly renewed.

On January 2, 2015, the Plaintiff verbally notified the Defendant’s husband that the lease relationship will terminate and will not renew the contract upon the expiration of the contract, and notified the Defendant that the term of the instant second lease contract will expire on March 8, 2015 (hereinafter “Notice made by January 2, 2015”), and on March 2, 2015, the Plaintiff notified the Defendant that the term of the instant second lease contract will expire upon the expiration of the contract (hereinafter “Notice made by March 2, 2015”).

On March 8, 2015, the Plaintiff was unable to order the instant store from the Defendant, and the Defendant’s husband is D.

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