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(영문) 인천지방법원부천지원 2020.07.08 2019가합104753
건물명도(인도)
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) is from 226,140,000 to 226,140,000 from the Plaintiff (Counterclaim Defendant) the real estate listed in the attached Table from June 2, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

A. 1) On June 24, 2003, the Defendant entered into a lease agreement with C, D, and real estate listed in the separate sheet (hereinafter “instant building”).

2) Of the instant stores, 240.24 square meters per floor (hereinafter “instant stores”).

(2) As to the lease deposit, the Defendant entered into a lease agreement with 140,000,000 won for the lease deposit, 24 months for the lease period, 7,700,000 won for the rent (value-added tax separate). (2) On June 1, 2010, the Defendant entered into a lease agreement with 240,000,000 won for the lease deposit and the store of this case, and the lease period from June 1, 2010 to June 1, 2012 (value-added tax separate), and thereafter renewed the said agreement (hereinafter collectively referred to as “instant lease agreement”).

In the instant building on September 4, 2014, the registration of the establishment of chonsegwon was completed for the reason of the contract to establish a right to lease on a deposit basis, namely, “140,000,000 won for lease on a deposit basis; approximately 120 square meters on the left-hand side as of the first floor among the instant building; from September 4, 2014 to September 3, 2016; and from September 3, 2016 to “Defendant of a person having chonsegwon”.

(In Incheon District Court Branch Decision 92597, Sept. 4, 2014; hereinafter “registration of creation of chonsegwon of this case”) (hereinafter “registration of establishment of chonsegwon”).

(1) On February 22, 2018, the Plaintiff purchased the instant building from C and D on February 22, 2018, and completed the registration of ownership transfer in its name on April 13, 2018. (2) On March 22, 2019, the Plaintiff notified the Defendant that he will deliver the instant store by June 1, 2019, because the instant lease contract should not be renewed.

On April 16, 2019, before the termination of the instant lease agreement, the Defendant entered into a premium agreement with E and the instant store at KRW 320,000,000. On April 18, 2019, the Defendant concluded a lease agreement with the Plaintiff and collected the premium.

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