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(영문) 서울북부지방법원 2016.06.10 2015가단35529
건물명도등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 1, 2, 5, 6, among the real estate listed in the attached Table No. 1, 2, 5, and 6.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. Of the real estate listed in the separate sheet, the registration of share ownership transfer was completed on March 23, 2015 on the ground of the sale as of February 17, 2015 in the name of each defendant A, B, and 1/2 with respect to the share of 1/4 in each of the real estate listed in the separate sheet under the name of each defendant C.

B. On August 18, 2006, the Plaintiff entered into a lease agreement with E, the former owner, with respect to the portion of 16.83 square meters inboard connected with each point of the attached Form No. 1, 2, 5, 6, and 1 among the real estate listed in the attached Table No. 1, on August 18, 2006 (hereinafter “instant real estate”), whereby the lease deposit is KRW 15 million, and the monthly rent is KRW 850,000 (payment on August 30, 2007), and the lease term is up to August 18, 2007.

C. On May 12, 2015, Plaintiff A sent to the Defendant a certificate of content that the terms and conditions of the instant lease agreement were modified in the monthly rent of KRW 30 million, and the Defendant expressed its intention of refusal. D.

Plaintiff

A on May 20, 2015, the Defendant sent to the Defendant a certificate of content that the instant real estate would be restored to its original state until June 2, 2015, and the Defendant received the certificate of content on May 26, 2015.

E. On November 30, 2015, the Defendant did not deliver the instant real estate, Plaintiff A deposited the deposited amount of KRW 15 million with the deposited person as the Defendant under the Seoul Northern District Court Decision 2015No. 5694, Seoul Northern District Court Decision 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 11, and 14, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the principal claim, the instant lease agreement has been continuously renewed, and finally, the lease term on August 18, 2014 has been renewed by one year. The Plaintiffs’ declaration of rejection of renewal, which was notified on May 26, 2015, which was three months before the expiration of the lease term, was lawfully terminated on August 18, 2015. Thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

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