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Reasons
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(영문) 광주지방법원 2019.02.13 2018가단510791
건물명도(인도)
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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts without dispute;

A. On April 20, 2017, the Plaintiff and the Defendant owned on April 20, 2017, deposited KRW 250 million, monthly rent of KRW 650,000,000,000,000,000,000,000,000 for Eel with the first basement located in Seo-gu, Seo-gu, Gwangju (hereinafter “instant telecom”).

5. From May 15 to May 14, 2018, each of the lease agreements was concluded.

(hereinafter “instant lease agreement”). B.

Upon entering into the instant lease agreement, the Plaintiff and the Defendant agreed to report the rent of KRW 3 million at the tax office as if they were to be determined monthly, and set the value-added tax to be paid by the Defendant to the Plaintiff as KRW 3 million.

In addition, the defendant agreed to pay KRW 50,000 per month to the plaintiff as a standing signboard fee.

C. The Defendant paid the lease deposit agreed upon to the Plaintiff and began business at the instant telecom, and paid 6,850,000 won (= value-added tax of KRW 6,500,000,000, KRW 3,500,000, KRW 500,000) agreed on June 14, 2017.

However, from July of the same year, the Plaintiff demanded the Defendant to pay 650,000 won as value-added tax, and there was a dispute between the Defendant and the Defendant.

The Defendant did not pay any rent, etc. to the Plaintiff thereafter.

On November 30, 2017, the Plaintiff sold the above telecom to F Co., Ltd. (hereinafter “F”) that had been implementing housing projects in the instant telecom and its surrounding areas, for KRW 2.5 billion.

After the termination of the instant lease agreement, the Defendant delivered the instant cartel to F upon F’s request on October 11, 2018.

2. The parties' assertion

A. On August 2017, 2017, after the conclusion of the instant lease agreement, the Plaintiff’s assertion 1) agreed with the Defendant and the value-added tax amounting to KRW 6.50,000 (the applicable date was to be retroactive to the starting date of lease)

) Accordingly, the sum of the rent, etc. to be borne by the Defendant each month is KRW 7.2 million (= value added tax of KRW 6.5 million).

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