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(영문) 서울중앙지방법원 2020.10.29 2019가단46306
건물명도 등 청구의 소
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) receives KRW 10,000,000 from the Plaintiff (Counterclaim Defendant) and simultaneously receives it from the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On September 5, 2014, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) leased a lease deposit of KRW 164.36 square meters underground (hereinafter “instant building”) from among the buildings listed in the attached Table owned by the Plaintiff to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) as of October 15, 2019, with the lease deposit of KRW 10 million, monthly rent of KRW 110,000,000, and the lease term from October 15, 2014 to October 15, 2019.

B. At the entrance of the instant building, the Defendant installed an electronic locking device, installed 12 rooms sealed inside the instant building, and installed entrances and locking devices at each room.

The defendant, without making business registration, received deposits and monthly rents from the 12 lessees of the housing units, who are divided into the inside of the building of this case, and leased them to the musical practice room, etc.

C. On July 25, 2019, the Plaintiff sent to the Defendant a certificate of content that: (a) the Defendant leased the instant building without the Plaintiff’s consent and changed its use, structure, and sub-leases the instant building; (b) the Plaintiff could not extend the term of lease; and (c) the Plaintiff fulfilled the terms of the contract by October 15, 2019, which is the expiration date of the term of lease, pursuant to Article 5 of the contract and returned.

On September 25, 2019, if it is difficult for the Plaintiff to extend the lease contract, the Defendant also should recover the premium, so the Defendant introduced a new lessee to actively cooperate in the lease contract.

E. On October 15, 2019, the Plaintiff sent to the Defendant a proof that a new lessee C (which appears to be a clerical error in D) cannot enter into a new lease agreement.

[Ground of Recognition] In without dispute, Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 10-1, 2, Gap evidence 11-16, Eul evidence 2, Eul evidence 2, Gap evidence 9-1 through 6, Gap evidence 9-1 to 6, and fact-finding inquiry inquiry results with respect to the director of the distribution office of this court;

2. According to the above recognition of the main claim, the instant lease agreement will expire on October 15, 2019.

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