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(영문) 서울중앙지방법원 2017.01.17 2015가단5308957
건물명도
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 5,882,50 and the amount of said KRW from January 18, 2017.

Reasons

1. Basic facts

A. On May 26, 2008, the Plaintiff leased the lease deposit of KRW 55,00,000,000, monthly rent of KRW 2,502,500 (the sum of rent, management fee, and additional tax) to D (Defendant B’s son) for the period from June 1, 2008 to 24 months.

B. The plaintiff is the above A.

On June 21, 2010, after the lease period stated in paragraph (1) expires, the store of this case was leased to Defendant B, and the lease deposit amount of KRW 30 million is the existing one.

In lieu of the payment made by Defendant D at the time of the lease stated in the paragraph, the term of lease shall be from July 1, 2010 to 24 months.

Subject to the same conditions as the lease stated in the subsection.

C. The plaintiff was above B.

On June 16, 2012, which was around the time when the lease contract specified in the port is terminated, the lease period to Defendant C shall be from July 1, 2012 to 24 months, and the remaining conditions shall be as follows.

The instant store was leased under the same condition as the lease agreement stated in the subsection, and Defendant C began to possess and use the instant store from July 1, 2012, and again, on February 24, 2014, the Plaintiff extended the term of lease under the said lease agreement to Defendant C from March 1, 2014 to 25 months, but the other terms and conditions of lease were the same as the previous lease agreement.

At the time of the above lease agreement, the Plaintiff and Defendant C agreed to restore the instant store to its original state and deliver the said store when the lease agreement is terminated.

After Defendant C paid KRW 2,502,50 on July 3, 2015, the monthly rent of KRW 2,502,50 on July 3, 2015, and KRW 7,507,500 on the monthly rent for each of July 8, 2015, and September; on the ground that the Plaintiff paid KRW 3,508,200 on September 4, 2015, and KRW 400 on October 17, 2015, the Plaintiff paid each of the monthly rent of KRW 2,502,50 on November 3, 2015 (on October 6, 2015).

(e).

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