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(영문) 수원지방법원 2020.04.16 2019나70520
건물명도(인도)
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is from the Plaintiff (Counterclaim Defendant) on 20,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 27, 2014, the Defendant concluded a lease contract between the Plaintiffs and the Defendant with the owner of the instant commercial building as KRW 20,000,000, monthly rent of KRW 1,000 (payment on the last day of each month), and the lease contract between June 30, 2014 and June 60, respectively (hereinafter “instant first lease contract”).

(2) Upon entering into a contract, the monthly rent was stipulated in the special agreement to adjust after three years. The Defendant paid D KRW 2,00,000 on the day of the contract, and KRW 10,000,000 on May 30, 2014, and KRW 8,000,000 on June 30, 2014, respectively. (2) On September 30, 2016, the Plaintiffs completed the registration of ownership transfer for each of their shares among the instant commercial buildings on September 4, 2016.

3) On October 15, 2016, the Defendant: (a) as between the Plaintiffs and the Defendant, the deposit shall be substituted by the deposit under the instant lease agreement; (b) monthly rent 1,000,000 (payment on June 30) and the lease period fixed on June 30, 2019; and (c) as between June 30, 2019, the lease agreement to lease the instant commercial building (hereinafter “instant lease agreement”).

(4) On June 8, 2017, the Defendant concluded a lease contract for the lease of the commercial building of this case (hereinafter “third lease contract of this case”) with the Plaintiffs to succeed to the term of the first lease contract of this case. On June 8, 2017, the term of the lease contract of this case was determined as follows: (a) monthly rent of KRW 1,050,00 (payment on June 30) and the term of the lease from June 30, 2017 to June 30, 2019; and (b) concluded a lease contract for the lease of the commercial building of this case (hereinafter “third lease contract of this case”); and (c) concluded a lease contract for the lease of the commercial building of this case (hereinafter “third lease contract of this case”) with the lessor

B. The portion of illegal extension of the instant commercial building 1) The prefabricated Panel Group 115 square meters in the front and rear sides of the instant commercial building is illegal extension (hereinafter referred to as “the prefabricated Panel Division”).

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