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(영문) 서울중앙지방법원 2020.09.18 2020가합521657
건물명도(인도)
Text

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

A. KRW 100,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 11, 201, the Defendant entered into a lease agreement with E, setting the lease term of KRW 100,000,000 for the lease deposit, and monthly rent of KRW 5,50,000 for the lease term from February 1, 2011 to January 31, 2013, with respect to the G from among the five-story buildings on the Seocho-gu Seoul Metropolitan Government F Ground Building (hereinafter “instant store”).

B. On January 29, 2018, the Defendant, as between February 1, 2018 and January 31, 2020, set the lease deposit amount of KRW 100,000,000, monthly rent of KRW 6,400,00 (Additional Tax Classification) and renewed the said lease contract.

(hereinafter referred to as “instant lease agreement”). C.

On December 4, 2018, the Plaintiffs purchased the five-story building on the ground of Seocho-gu Seoul Metropolitan Government Franch (hereinafter “instant building”) where the instant store is located from Co., Ltd. E, and completed the registration of ownership transfer on June 4, 2019 in the names of the Plaintiffs as to the instant building.

On July 4, 2019, the Plaintiffs notified the Defendant that they did not intend to renew the instant lease agreement, since they will be newly built after removing the instant building.

E. On the other hand, the Defendant occupies up to the present portion of the attached drawings 1, 2, 3, 4 and 159.36 square meters in a ship which connects each point of (a) the annexed drawings 1, 2, 3, 4, and 1, and 159.36 square meters in a ship which connects each point of (b) the object of the instant lease agreement, and the attached drawings 1, 4, 5, 6, and 124.7 square meters in a ship which connects each point of (b) the object of the instant lease.

2. Determination as to the claim on the principal lawsuit

A. According to the above facts, the lease of this case was renewed on January 29, 2018, and the lease of this case was terminated on January 31, 2020 by the Plaintiffs, who were the lessor, before one month from January 31, 2020, the expiration date, and the expiration date of January 31, 2020.

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