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(영문) 서울중앙지방법원 2020.06.11 2019가합559090
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Attached 1. Attached Form 2.3 among the three underground floors of real estate listed in the List.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. 1) Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”)

(1) On December 4, 2007, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is the Defendant (hereinafter “Defendant”).

B) On May 12, 2009, the Plaintiff and the Defendant entered into a lease agreement with the Defendant on the lease deposit of KRW 120,00,000,00 for the lease deposit of KRW 11,000 per month, monthly rent of KRW 11,00,00 (excluding value-added tax) from December 4, 2007 to May 31, 2009, respectively. (2) On May 12, 2009, the Plaintiff and the lease agreement was concluded with the Defendant on the lease deposit of KRW 621.79,00 for the lease deposit of KRW 5,00,00 among the five floors above the ground of the real estate listed in the attached Table 1, which are owned by the Plaintiff. The lease agreement was concluded between the Defendant and the Defendant on the lease deposit of KRW 1,23,4,5,6,7,7,8,000 for each point listed in the attached Table 1, and the Defendant’s exclusive use area of KRW 62121,261.7.7.

A lease contract was entered into with the content that the lease deposit and the rent are partially increased, and the lease term is extended from June 1, 2009 to May 31, 2012.

3) The Defendant operated a restaurant in the name of “C” in the instant real estate. 4) The Plaintiff and the Defendant renewed the said lease agreement on May 31, 2017, respectively, increased the lease deposit to KRW 129,420,00, and KRW 13,804,80 per month, to KRW 13,800 (value-added tax separate), and entered into the said lease renewal agreement with the effect that the lease period is extended from June 1, 2017 to May 31, 2019.

(hereinafter referred to as "the instant lease agreement", including this contract, amendment contract and renewal contract, 5) The parts relating to the instant lease agreement are as follows (final renewed on May 31, 2017).

Article 1 (Term of Lease)

1. The term of lease shall be from June 1, 2017 to May 31, 2019 (two years);

2. The lease period shall be extended by the lessee (the defendant, hereinafter the same shall apply) and the lessor (the plaintiff, hereinafter the same shall apply);

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