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(영문) 대구지방법원 2017.03.03 2016가단109922
건물명도
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 5,250,00 and the amount of KRW 5,250,000 with full payment from October 26, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 30, 2006, the Plaintiff leased all the first floor of the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant building”) to the Defendant by setting the lease deposit amount of KRW 100 million, monthly rent of KRW 3.5 million, and the lease term from December 1, 2006 to November 30, 2008.

Since then, the above lease contract has been implicitly renewed, and the monthly rent has increased to 4.5 million won.

B. From April 5, 2012, the Defendant subleted the instant building to C, and on March 3, 2016, the Plaintiff and the Defendant planned to remodel the instant building and lease it to a precious metal specialized store. If the Defendant orders the instant building by March 31, 2016, the Plaintiff remodeled the instant building to the extent that the first left-hand shop from the entrance is leased to the Defendant without facility costs, and the sub-lessee C left the instant building on March 31, 2016.

On April 1, 2016, the Plaintiff returned to the Defendant KRW 45 million out of the lease deposit amount of KRW 100 million.

C. On the same day, the Defendant received the above KRW 45 million and demanded that the Plaintiff immediately refund the deposit amount of KRW 100 million to the Plaintiff, and demanded that the remainder of the deposit be returned via a licensed real estate agent. On April 4, 2016 or the following day, the Defendant recovered part of the keys at the licensed real estate agent’s office and took corrective measures in the instant building, and demanded that the Plaintiff return the remainder of the deposit amount with the content certification issued on April 8, 2016.

On April 12, 2016, the Plaintiff entered into a contract for the removal of the instant building with a fishery business entity, and received part of the keys to the instant building at the licensed real estate agent’s office, and thereafter, he/she collected air conditioners, decorations, fire extinguisherss, and exchange wind facilities, etc. by the Defendant entering the instant building through his/her seal.

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