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(영문) 수원지방법원 2020.10.28 2020가단500569
토지인도
Text

The Plaintiff (Counterclaim Defendant) paid KRW 17,851,612 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from August 5, 2019 to May 11, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The Defendants were married on July 12, 200.

Attached Form

On May 6, 2013, the Plaintiff, the owner of each of the real estate listed in the list (hereinafter “each of the instant real estate”), was the Defendant C with a deposit of KRW 35 million, monthly rent of KRW 320,000,000, and the lease period from June 4, 2013 to June 3, 2015, and the lessee under the lease agreement was registered as D (hereinafter “the first lease”). At that time, the Plaintiff received the said deposit from the Defendant C and handed over each of the instant real estate to the Defendant C.

On June 3, 2015, the Plaintiff entered into a lease agreement with Defendant C, setting the deposit amount of KRW 35 million, KRW 3.5 million per month, KRW 3.5 million per month, and from June 3, 2015 to June 2, 2017. The Plaintiff entered into a lease agreement with the following terms: (a) on June 3, 2015, the Plaintiff entered into an agreement with the following terms: (b) this agreement entered into a renewal agreement with the maturity of the contract (on June 3, 2015) and the monthly rent increase (on June 3, 2015), and (c) the lessee’s change (D-C) with a condition that “C succeeds to and bears all responsibilities.”

(hereinafter “Secondary Lease.” On July 1, 2015, Defendant C established a corporation E (hereinafter “E”) with the location of the headquarters of each of the instant real estate and with the purpose of household manufacturing and wholesale and retail business, etc., and acquired all outstanding shares of 2,000 shares. From around that time, Defendant C used each of the instant real estate as E’s workplace.

The Defendants, on February 10, 2017, got a divorce by agreement.

On June 2, 2017, the Plaintiff concluded a lease agreement with Defendant B, setting the deposit amount of each of the instant real estate as KRW 35 million, KRW 3850,000 per month, and the period from June 2, 2017 to June 2, 2019.

(hereinafter referred to as “third-party lease.” Although the Plaintiff and Defendant C, who became aware of the fact that Defendant C prepared a third-party lease agreement, they agreed to find the Plaintiff around June 2017, they separately lease the Plaintiff and each of the instant real estate.

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