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(영문) 수원지방법원안산지원 2020.11.25 2019가단60366
건물명도(인도)
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) receives KRW 20,000,000 from the Plaintiff (Counterclaim Defendant) and simultaneously receives it from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 23, 2008, the Defendant entered into a lease agreement with C as of December 23, 2008, setting the lease deposit amount of KRW 20 million, monthly rent of KRW 80,000,000,000 from December 31, 2008 to December 30, 2010, with respect to the portion of (A) part of 111 square meters in the ship (hereinafter “object of dispute in this case”) connected each of the items in sequence with the indication of drawings 1,2,3, 4, 5, and 1 among the 1st floor of the instant building.

Around that time, the defendant paid the above deposit amount of KRW 20 million to C, and thereafter, he received the object of the dispute in this case from C and completed business registration, and operates the repair store with D's trade name.

In addition, on April 30, 2015, the defendant and C decided to increase the rent into KRW 1 million, and on April 30, 2015, the lease agreement was made between KRW 20 million per month of rent, KRW 1 million per month of rent, and from May 1, 2015 to April 30, 2017 from May 1, 2015.

(hereinafter “instant lease agreement”). B.

The Plaintiff entered into a sales contract with C on September 21, 2018, and completed the registration of ownership transfer on October 30, 2018, and succeeded to the lessor’s status of the instant lease agreement.

C. The instant lease agreement was explicitly renewed on April 30, 2017 and April 30, 2018, and C began to notify the Defendant that he/she had no intention to renew the instant lease from October 15, 2018, and on the premise that he/she had no intention to renew the instant lease on October 29, 2018, the Defendant expressed his/her intention to grant for six months as the period for protecting the premium claimed by the Defendant, and the declaration of intention reaches the Defendant on October 30, 2018.

In addition, on December 5, 2018, around December 12, 2018, the Plaintiff had no intention to renew in the telephone call with the Defendant.

On the other hand, premium at the time of April 30, 2019 for the object of the instant dispute is assessed as KRW 34,832,000.

【Ground of recognition】 There is no dispute.

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