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(영문) 서울서부지방법원 2016.08.11 2016가단200586
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 10,000,000 from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

1. On December 10, 207, the real estate indicated in the separate sheet on the claim of this case (hereinafter “instant real estate”) is owned by the Plaintiff. On December 10, 2007, Defendant B leased each of the instant real estate with the lease deposit of KRW 10,00,000, and KRW 650,000 (the lease deposit of this case was changed to KRW 700,000 on February 28, 2013) with the lease deposit of KRW 10,000 (the lease deposit of this case was changed to KRW 26,00,000,000) connected each of the instant real estate to the Plaintiff (hereinafter “the lease deposit of this case”). Defendant C did not have a duty to indicate the same drawings among the instant real estate as KRW 7,4,5,6,00,000, and KRW 26,000,000,000 and KRW 26,000,00,00 each of the leased property.

Therefore, barring any special circumstance, the Defendants are obligated to deliver each leased object to the Plaintiff at the same time with the remainder after deducting the overdue rent from each lease deposit. As of the date of the closing of argument in this case, the fact that Defendant C was in arrears of the sum of KRW 2,250,000 can be recognized in light of the overall purport of pleadings. As such, Defendant B received from the Plaintiff the payment of KRW 10,000,000 from the Plaintiff, and at the same time delivered the instant beauty room to the Plaintiff; Defendant C received KRW 7,750,000 from the Plaintiff (=10,000,000-2,250,000), and Defendant C is obligated to deliver the instant office to the Plaintiff at the same time.

2. The Defendants’ determination of the counterclaims ought to cooperate with the new lessee chosen by the Defendants so that they can recover the premium by concluding a lease agreement with the new lessee. However, without justifiable grounds.

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