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(영문) 수원지방법원 2015.12.11 2014가단72803
건물명도
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 12,533,929 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from March 15, 2015 to December 11, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 2013, the Plaintiff leased the real estate listed in the attached list (hereinafter “instant building”) to the Defendant with the lease deposit of KRW 50 million, monthly rent of KRW 2.5 million, and the lease period from August 1, 2013 to July 30, 2016.

(hereinafter “instant lease agreement”). B.

The Defendant paid the monthly rent of KRW 13 million from August 31, 2013 to March 6, 2014 when using the instant building upon delivery, and paid the monthly rent of KRW 13 million to the Defendant on April 2014, and the Plaintiff expressed his/her intention to terminate the instant lease agreement on December 30, 2014.

C. On February 5, 2015, the Defendant filed a report on the closure of the Cske golf operated by the instant building, and issued the key to the instant building to the head of the management office of the commercial building where the instant building is located on March 14, 2015 after all the Defendant’s goods located in the instant building were transferred.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 4 and 7, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is that the Plaintiff received the key of the instant building on July 14, 2015, upon the termination of the instant lease agreement as the principal lawsuit, from the head of the management office, on which July 14, 2015, KRW 50 million was deducted from the monthly rent of KRW 5,424,00 ( KRW 33,500,000,000 in KRW 33,014,200 in KRW 2,499,00 in KRW 20,50 in KRW 20,540 in total, KRW 424,00 in unpaid rent ( KRW 5,424 in KRW -50,00 in total), and the cost of restoring the building of this case 1,540,00 won in total ( KRW 1,500,000 in KRW 850,00 in a golf course removal work).

B. As to the defendant's assertion, the defendant set up a defense against the principal lawsuit.

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