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(영문) 대전지방법원 천안지원 2017.03.23 2015가단17919
건물명도 등
Text

1. Defendant (Counterclaim Plaintiff) B is simultaneously paid KRW 2,900,000 by the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 30, 2013, Defendant B: (a) leased the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,100,000; (b) management expenses; and (c) from October 30, 2013 to September 30, 2015; (d) the lease deposit amount of KRW 12,000,000,000 among the first floor of the building listed in the separate sheet, connected each point of KRW 75.84m2 (hereinafter “instant commercial building”); and (e) the lease contract was concluded between the Plaintiff and the Plaintiff on the first floor of the building listed in the separate sheet and KRW 20,00,000,000; and (e) the lease contract was concluded between the lessee and the lessee on October 30, 20,000 and the lessee on September 30, 204 (hereinafter “the lease contract was terminated”).

(Article 5) is set forth.

B. Defendant B paid KRW 12,00,000 out of the lease deposit to the Plaintiff, but was unable to pay KRW 8,000,000 by September 30, 2014, Defendant B agreed with the Plaintiff to increase the monthly rent of KRW 80,000 on behalf of the said additional deposit.

C. After the conclusion of the instant lease agreement, Defendant B paid the rent to October 31, 2014, but thereafter, Defendant C deposited KRW 2,00,000 as the rent and management fee on April 30, 2015, and Defendant C deposited KRW 2,210,000 on behalf of Defendant B as the rent and management fee. Defendant C deposited KRW 1,00,000 on August 31, 2015, and KRW 2,210,000 on October 1, 2015.

On September 3, 2015, the Plaintiff sent to Defendant B a certificate of the content that the instant lease agreement terminated as of September 30, 2015, and that it terminated the instant lease agreement on the grounds of the Defendant B’s delinquency in rent for at least two years. The said certificate of content is around that time to Defendant B.

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