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(영문) 대전지방법원 천안지원 2018.08.24 2017가합102290
건물명도(인도)
Text

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

(a) A reinforced concrete structure among buildings listed in the attached Table 1 list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff is the owner of the land for a factory in Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Incheon, 23,652m2, D land for a factory, 2,58m2, E forest land, 1,351m2. 2) The Plaintiff is the owner of the building indicated in the attached Table 1m2 in Seoan-gu, Seoan-gu, Seoan-gu and D

3) On June 24, 2009, the Plaintiff is a 2-story warehouse of reinforced concrete structure, among buildings listed in the attached Table 1 list, between the Defendant and the Defendant (hereinafter “instant building”).

1) Of the instant stores, 851 square meters per floor (hereinafter “instant stores”).

(1) As to the term of the lease contract, KRW 10,00,000 for deposit, KRW 1,200,00 for rent (excluding value-added tax) and KRW 2 years for the term of the lease from July 12, 2009 to July 11, 201 (hereinafter “instant lease contract”).

(4) The Defendant carried on the business of keeping and selling clothes with the trade name “F” in the instant building.

5) The Defendant, during the instant lease agreement period, connects each point of (a) part of (i) on the ground of 38 square meters on the part of 38 square meters in the ship, which is attached Table 1, 2, 3, 4, and 1 among each land listed in the attached Table 2 list to the side of the instant store, which is the object of lease (hereinafter “instant simplified warehouse”).

B) The instant lease agreement was established. B. (1) The instant lease agreement was renewed several times on February 24, 2015, and was renewed as KRW 10,000,000 for deposit, KRW 1,000 for rent (excluding value-added tax) and from January 1, 2015 to December 31, 2016, and at the time, the Plaintiff and the Defendant deposited KRW 10,000,000 for deposit to the Plaintiff by August 31, 2015 with a renewed special agreement. The unpaid Defendant deposited KRW 8,70,000 for rent by May 30, 2015: Provided, That this agreement may be terminated where payment is not made within a given period.”

2. However, the Defendant did not pay the Plaintiff unpaid rent, etc. even after that, and the Plaintiff on April 12, 2016.

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