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(영문) 서울중앙지방법원 2014.12.23 2014가단101338
건물명도등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) A is from KRW 100,000 to KRW 100,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 17, 2009, C entered into a lease agreement with Defendant A to lease the instant real estate owned by it to Defendant A by setting the lease deposit of KRW 100 million, KRW 4 million per month, and the lease term from January 22, 2009 to January 21, 2010.

B. On December 21, 201, the Plaintiff agreed to purchase the instant real estate from C, and entered into a lease agreement with Defendant A, setting the lease deposit of the instant real estate amounting to KRW 100 million, KRW 4 million per month, and the lease term from December 21, 201 to December 22, 2012 (hereinafter “instant lease agreement”).

C. On December 28, 2011, the Plaintiff purchased the instant real estate from C, and completed the registration of ownership transfer on December 30, 201.

As Defendant A did not pay the difference between August and September of 2012, the Plaintiff urged Defendant A to pay the rent for arrears on October 18, 2012, and notified Defendant A of the transfer of the instant real estate by December 22, 2012, which is the expiration date of the lease term, on July 24, 2013 through re-verification of the contents, and the instant lease contract was terminated by January 24, 2014, which is six months thereafter, and the said notification was issued to Defendant A on July 25, 2013.

E. Defendant A paid only the rent up to July 2014, and did not pay the rent thereafter, Defendant A occupied and used the instant real estate until now, and Defendant B, the mother of Defendant A, is currently residing in the instant real estate together with Defendant A.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Gap evidence 2-2, Gap evidence 3-1, 2, 3, Gap evidence 7, 8, 9, Gap evidence 10-1, 2-2, and the purport of the whole pleadings

2. The Housing Lease Protection Act determines the main claim.

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