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(영문) 대구지방법원 서부지원 2018.10.02 2017가단56817
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 18,700,000 from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

1.The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the statements or images of Gap evidence 1 to 6, 9, and Eul evidence 1 to 8 (including the number; hereinafter the same shall apply), witness D's testimony, and the purport of the entire pleadings.

On May 8, 2012, the Plaintiff leased the instant store located near Defendant B by setting the lease deposit amount of KRW 20,000,000, KRW 600,000 per month of rent, and KRW 600,00 per month of rent, from August 1, 2012 to July 31, 2014.

(hereinafter “Lease of this case”). (b)

Defendant B, a fraud, operated the Smarket and the bicycle lending store in the instant store.

C. Following the renewal of the instant lease agreement, the rent increased to KRW 1,100,00 per month from August 1, 2014 to July 31, 2015; KRW 1,200,00 per month from August 1, 2015 to July 31, 2016; and KRW 1,300,00 per month from August 1, 2016 to July 31, 2017.

Defendant B did not pay KRW 1,300,000 for the rent of October 2016.

E. On April 12, 2017, May 1, 2017, and May 16, 2017, the Plaintiff notified Defendant B of the refusal to renew the instant lease agreement.

F. On July 21, 2017, Defendant B concluded a premium contract of KRW 110,000,000 with D who intends to be a new lessee, and paid KRW 5,000,000 as the down payment on July 24, 2017.

G. On July 29, 2017, Defendant B arranged D to the Plaintiff as a new lessee, but the Plaintiff refused to conclude a lease agreement with D.

2. The instant lease agreement was terminated on July 31, 2016 upon the Plaintiff’s notice of rejection of renewal.

Meanwhile, Defendant B’s duty to deliver the instant store is in the simultaneous performance relationship with the Plaintiff’s duty to return the lease deposit.

The overdue rent of Defendant B 1,300,000 shall be deducted from the lease deposit.

Therefore, Defendant B is obligated to deliver the instant store to the Plaintiff at the same time with the payment of KRW 18,700,000 ( KRW 20,000,000 - KRW 1,300,000) from the Plaintiff.

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