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(영문) 인천지방법원 2019.05.31 2017가단221685
손해배상(기)
Text

1. As to the Defendant-Counterclaim Plaintiff:

A. The plaintiff (Counterclaim defendant) A is the fourth floor of the real estate stated in the "Real Estate List" list, 371.

Reasons

1. Facts of recognition;

A. On July 18, 2016, Plaintiff A entered into a lease agreement with the Defendant as “231.34 square meters (72.5 square meters)” on the 4th floor of real estate indicated in the attached Table “real estate” list between the Defendant and the Defendant: Provided, That the lease agreement is written as “239.34 square meters (72.5 square meters).”

(1) On August 1, 2016, the lease term of which was set as KRW 20 million from August 1, 2016 to July 31, 2020, and KRW 1 million from rent, the lease term of which was set as KRW 1,00,000 (hereinafter “No. 1 lease contract”) was entered into with respect to the lease of the entire object and the section for exclusive use (hereinafter “No. 1 real estate”).

2) On the same day, Plaintiff B entered 140.928 square meters in the lease contract of 371.96 square meters among the real estate in the list of “real estate” in attached Table 371.96 square meters between the Defendant and the Defendant on the same day as “132.62 square meters (40.2 square meters).”

The part of paragraph (1)(B) in which part 111.448 square meters falls under a section of exclusive ownership; hereinafter referred to as “second real estate” is concluded with respect to a lease agreement with a deposit of KRW 10 million, the lease period from August 1, 2016 to July 31, 2020, and the lease period of KRW 400,000,000 (hereinafter referred to as “second lease agreement”) as to the entire object and the exclusive ownership of exclusive ownership.

B. (1) On January 10, 2017, Plaintiff A sent a content-certified mail containing the effect that the lease contract is terminated, and Plaintiff B sent to the Defendant on January 10, 2017, respectively. (2) On February 14, 2017, the Defendant sent to Plaintiff A a content-certified mail containing the effect that the lease contract is terminated on the ground that the lease contract is terminated, and the Plaintiff B was terminated on the ground that the lease contract is terminated on the ground that the lease contract is terminated, and the lease contract is terminated on the ground that the two lease contract is terminated on the basis that the two lease contract is three or more occasions, respectively, and that the contract was terminated to the Plaintiffs before February 17, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the principal claim

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