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(영문) 울산지방법원 2017.05.31 2016가단58057
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 26,838,710 from the Plaintiff (Counterclaim Defendant) at the same time.

Reasons

The main lawsuit, counterclaim is also considered.

Ⅰ. The progress of the case and the following facts are recognized to the effect that there is no dispute or the entire pleadings, other than each macrodic evidence.

1. The Plaintiffs are co-owners of the buildings listed in the separate sheet (hereinafter collectively referred to as “instant building”).

The instant building is a building of the fourth floor size above ground.

[2] On November 7, 2015, the Defendant concluded a lease agreement with the Plaintiffs by setting the lease deposit amount of KRW 40 million with respect to the entire three floors of the instant building (hereinafter “instant store”) of KRW 149.72 square meters (hereinafter “instant store”) from among the instant buildings under the brokerage of real estate brokers D, as of November 7, 2015, from November 6, 2015 to December 6, 2017.

[A. 1. B 1] . - down payment of KRW 10 million shall be paid respectively on November 12, 2015 at the time of the contract, the remainder of KRW 30 million.

- The first monthly rent payment date will be December 7, 2015.

- The construction of electric enlargement and interior and exterior interior machinery, etc. shall be at the expense of the lessee.

3. The main parts of the terms and conditions of the contract and the special agreement are as follows:

4. At the time of the contract, the Plaintiffs were in progress with remodeling construction of the instant building, and the Defendant was also aware of the fact before concluding the contract.

[2] On December 7, 2015, the Defendant paid to the Plaintiffs a lease deposit of KRW 40 million. However, the Defendant did not normally pay the monthly rent on December 7, 2015, which was the first monthly rent payment date.

[A] On June 2015, around December 2015, an application for electric extension of the instant store was submitted under the name of the Defendant.

[See the evidence No. 3 and the notice of reasons for indictment additionally submitted] 7. The Defendant asserted that the remodeling construction of the instant building was completed on February 2, 2016, the Plaintiffs did not submit any rebuttal materials.

8. The Defendant completed the electrical seal construction for the instant store on February 29, 2016, and completed business registration on March 4, 2016, and thereafter “E” at the instant store from around that time.

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