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(영문) 부산지방법원 2015.10.08 2014가단246406
건물명도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 1, 2, 3, 4, 5, among the real estate listed in the attached Table No. 1, 2, 3, 4, 5

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 2, 2014, C and Plaintiff A entered into a contract for business takeover with respect to a certain business, including a lessor’s right holder under the instant lease agreement, on September 2, 2014, and notified the Defendant of this on July 20, 2015, and reached the 22th day of the same month.

(hereinafter referred to as “Plaintiffs” as well as C and Plaintiff A. B.

On September 201, the Plaintiff entered into a lease agreement with the Defendant with the rental deposit of KRW 20,00,000, monthly rent of KRW 1,164,00 (including surtax) from September 9, 2011 to December 31, 2013, which connects each point of the items in the attached Form 1, 2, 3, 4, 5, and 1 among the real estate listed in the attached Table list (hereinafter “instant store”).

C. From January 1, 2014, the Plaintiff and the Defendant entered into a lease agreement with a rental period of three months, rental deposit of 15,000,000 won, monthly rent of 350,000 won (excluding value-added tax, value-added tax, and management expenses). Lastly, the lease agreement was entered into between July 1, 2014 and September 30, 2014 with the aforementioned terms and conditions.

(hereinafter “instant lease agreement”). D.

The main contents of the instant lease agreement are as follows.

(1) Where a contract is terminated due to the expiration, termination, or any other cause of the lease period, the lessor shall refund the lease deposit to the lessee within ten days after the lessee has ordered the "leased subject matter" to the lessee.

(2) The lessor may only refund the remainder after deducting the amount of all such expenses or liabilities which the lessee is obliged to pay to the lessor under this contract.

(2) If the payment of the amount payable by the lessee is in arrears, the overdue interest rate of 12% per annum shall be added to the overdue interest rate.

(3) If the lessee has failed to pay the monthly rent, management fee and expenses on more than two occasions, the lessee shall be subject to the time limit.

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