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Reasons
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(영문) 인천지방법원 2018.11.07 2017가단25412
건물인도등
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1. The Defendant (Counterclaim Plaintiff) is jointly paid KRW 105,349,722 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. 1) On February 25, 1999, the Plaintiff’s lease contract for the instant building was made to Defendant C on February 25, 199, for the purpose of referring to the three-story neighborhood living facilities in the Yeonsu-gu Incheon District D ground reinforced concrete structure (hereinafter “the instant building”).

) Of the 1st floor, the entry of KRW 30,000,000, monthly rent of KRW 2,000,000 (excluding value-added tax; hereinafter the same shall apply) on the lease deposit of KRW 221.63 square meters is omitted.

(2) On June 29, 2002, the Plaintiff leased to Defendant C a lease deposit of KRW 50,000,000, monthly rent of KRW 250,000, monthly rent of KRW 250,000, and period of KRW 3 years.

3) On June 29, 2005, the Plaintiff leased the first and second floors of the instant building to Defendant B, the wife of Defendant C, KRW 50,000,000, monthly rent of KRW 2,500,000, and the period of two years (hereinafter “instant lease agreement”).

(4) After the instant lease was explicitly renewed, the amount of KRW 3,00,000 was increased to KRW 3,000 on June 29, 201, and the amount was increased to KRW 3,50,000 on September 26, 2016.

5) From March 19, 199 to May 19, 199, the Defendants operated a restaurant with the trade name “E” in the name of Defendant B from the first floor of the instant building. The nominal owner of the final lease agreement and the nominal owner of the business registration certificate are “Defendant B.” However, the nominal owner of the existing lease agreement was “Defendant C,” while the Defendants were married, and the Defendants were operating the said restaurant. The Defendants were both joint lessee of the instant lease agreement. (B) The Plaintiff completed the registration of initial ownership on the instant building on May 20, 1998.

2) On May 25, 2017, the Plaintiff is a F&F corporation that implements an urban development project (hereinafter “F”).

The instant building was sold to the Defendant, and the said sale and purchase on May 31, 2017.

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