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(영문) 대전지방법원 2017.11.23 2016가단205738
건물인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. From 20,000,000 to 20,000 won from the Plaintiff (Counterclaim Defendant) on November 1, 2017

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

A. On February 11, 201, the Plaintiff entered into a contract with the Defendant under which the term of lease was fixed from February 22, 2011 to February 21, 201 (hereinafter “instant lease contract”). The Plaintiff entered into a lease agreement with the Defendant with the term of KRW 20 million for lease deposit, KRW 300,000 per month for rent, and the term of lease from February 22, 201 to February 21, 2013.

around that time, the Defendant paid KRW 20 million to the Plaintiff, and the Plaintiff transferred the instant commercial building to the Defendant at that time.

B. After being handed over the instant commercial building from the Plaintiff, the Defendant operated the instant commercial building with the trade name “C” after performing the installation and interior construction in the instant commercial building.

C. Since then, the Defendant’s implied renewal of the instant lease agreement became final and conclusive on February 21, 2016.

However, the Plaintiff notified the Defendant that it would refuse to renew the instant lease contract between six months and one month prior to the expiration date.

On February 13, 2016, the Defendant entered into a contract with D on the transfer of all other tangible and intangible property values, such as business facilities, etc. of the instant commercial building, to D in the premium of KRW 20 million.

On February 17, 2016, the Defendant requested the Plaintiff to conclude a new lease contract with D and the instant commercial buildings by giving notice that the premium contract was concluded as above.

However, with respect to the instant commercial building, the Plaintiff demanded D to enter into a lease contract by setting the lease deposit amount of KRW 40 million and KRW 700,000 per month, and it was not possible for D to comply with this demand.

Accordingly, the defendant had cancelled the agreement on the premium contract with D around that time.

E. Meanwhile, the Defendant paid to the Plaintiff all the rent by February 21, 2016, which is the expiration date of the instant lease agreement, and thereafter up to October 31, 2017.

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