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(영문) 전주지방법원군산지원 2015.05.29 2014가단7631
건물인도
Text

1. The Defendant (Counterclaim Plaintiff) is from among the real estate indicated in the attached Form from April 1, 2015 to KRW 64,100,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The entire real estate indicated in the attached Form is owned by C, and the Defendant leased and operated “D” in the leased portion of this case until now, among the real estate listed in the attached Form No. 1, 2, 3, 4, and 1, the part (a) of the attached Form No. 53 square meters (hereinafter “the leased portion of this case”) connecting each point of the real estate indicated in the attached Form No. 1, 2, 3, 4, and 1 among the real estate that was delegated by C to manage

[Defendant paid KRW 44 million to the Plaintiff as premium (cost) in addition to the lease deposit at the time of the first lease of the leased portion. The lease deposit amount: KRW 100 million was fully paid.

The rent is indicated as KRW 2,300,000 per month in the original contract, but in light of the description on the method of payment of rent under the contract, it seems that the actual original defendant would pay KRW 2,40,000 per month including value-added tax.

Term of lease: from September 1, 201 to August 31, 2014

The recent lease contract on the leased portion of the Plaintiff and the Defendant was concluded on September 1, 201, and the contents thereof are as follows.

C. According to the above lease agreement, the Defendant deposited KRW 1.1 million and KRW 1.3 million each month into two accounts designated by the Plaintiff (registration of automatic transfer), and among them, deposited KRW 1.3 million each month from August 2013 to KRW 1.3 million, and was not deposited in the head of the Tong that was deposited in the head of the Tong that was returned later, and was deposited in the head of the Tong that was deposited in KRW 1.1 million until June 2014.

On July 4, 2014, the Plaintiff filed the instant lawsuit seeking the delivery, etc. of the leased portion while terminating the lease agreement on the grounds that the Defendant was in arrears at least twice.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 8 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the principal lawsuit and counterclaim.

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