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(영문) 서울서부지방법원 2019.05.22 2018가단223750
건물명도(인도)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 20,805,678 to the Defendant (Counterclaim Plaintiff) and its related amount from September 19, 2018 to May 22, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 2016, the Plaintiff indicated in the separate sheet (1), (2), (3), (5), (6), (7), (8), (9), (10), (1), (1) with respect to the portion of 207.9 square meters in a ship which successively connects each point of the following, the lease deposit amount of KRW 50,000,000, monthly rent, KRW 3,500,000 (payment for the last day of each month, value-added tax separate), management expenses (value-added tax separate), and from December 1, 2016 to November 30, 2018, the Plaintiff entered into a lease contract with the Defendant and the third floor of the building listed in the separate sheet (10,000,000,000,000, value-added tax, and KRW 10,000,000,000,000,000,010,000,010,20.

(hereinafter referred to as the above, in the case of distinguishing between each of the above real estate and the lease agreement thereon, the case Nos. 1, 2, and 1 and 2, respectively. From that time, the defendant used and profit from each of the above real estate.

B. From January 2018, the Defendant began to delay or delay payment of rent, management fee, etc. as stipulated in each of the instant lease agreements.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. The Plaintiff, as the principal lawsuit, seeks to transfer each real estate of this case in exchange for the payment of the remainder after deducting the overdue rent, management fee, etc. from the aggregate of the lease deposits of this case against the Defendant.

On the ground that the lease contract of this case was terminated on July 26, 2018, with a copy of the complaint of this case containing the Plaintiff’s declaration of intention to terminate each of the respective lease contracts of this case on the grounds of the Defendant’s delinquency in payment for more than two occasions, and the Defendant is based on this fact.

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