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(영문) 대전지방법원 2014.07.03 2013가단44437
건물명도
Text

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

(a) deliver the real estate listed in the separate sheet;

(b) November 2013;

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On March 23, 2011, the Plaintiff leased to the Defendant the entire first floor (hereinafter “instant real estate”) among the buildings listed in the attached Table list with a deposit of KRW 10 million, monthly rent of KRW 330,000,000, monthly rent of KRW 3300,000, and one year, respectively (hereinafter “instant lease agreement”).

B. The Defendant paid the above deposit to the Plaintiff on the day of the contract and received the instant real estate from the Plaintiff.

C. The Defendant paid only rent to the Plaintiff up to November 2012.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the principal claim, the instant lease agreement is deemed to have terminated upon delivery to the Defendant on November 26, 2013 by the instant complaint containing the Plaintiff’s declaration of intent to terminate the lease agreement on the grounds of two or more rents, barring special circumstances. Thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay 26.4 million won per annum from November 27, 2013 to November 22, 2013, within the scope of the sum of the overdue rents from the date the deposit is deducted from the overdue rents as requested by the Plaintiff, to November 23, 2013, the following day after the delivery date of the instant complaint, and to pay damages for delay at the rate of 20% per annum from November 27, 2013 to the day after the completion date of the delivery of the said real estate from November 23, 2013 to the day after the date of the foregoing overdue rent.

3. As to the judgment on the Defendant’s assertion and counterclaim claim, the Defendant completed the construction of flooding facilities on or around April 8, 2013 for a new business with the Plaintiff’s understanding, but the Plaintiff had already taken over the instant real estate by illegally entering the instant real estate in early October 2013, destroying facilities, replacing corrective devices, etc.

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