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(영문) 수원지방법원성남지원 2019.02.15 2018가합407964
건물인도 등
Text

1. Defendant (Counterclaim Plaintiff) C: (a) KRW 41,876,838 of the Plaintiff (Counterclaim Defendant) and its related amount from August 17, 2017 to February 15, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The relationship between the parties 1) Plaintiff A and Plaintiff B are married and married, and the underground floor F, G, and H of the building E in the building E in Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter “Sarina”).

2) Defendant D(I) is the opinion of Defendant C’s wife J (K).

B. On August 19, 2014, Plaintiff A and B entered into a lease agreement (hereinafter “instant lease agreement”) stipulating that the instant private loan is KRW 170,000,000 as deposit money, and KRW 5,500,000 as deposit money from September 1, 2014 to August 30, 2019 (including value-added tax) with Defendant C (hereinafter “instant lease agreement”). The written agreement is “instant lease agreement.”

A) The tenant of the instant lease agreement entered into a contract. The name of Defendant D was written in the tenant’s name, the tenant’s agent’s name was written in the tenant’s agent’s name, and the Plaintiff B’s agent’s name was written in the lessor’s agent’s name. In light of the party’s intent or the process of concluding the contract, the name of Plaintiff B and Defendant C appears to be due to the party’s simple mistake, and there is no dispute between Plaintiff B and Defendant C. The seal of Defendant D is affixed on the top of the left side of the contract. (ii) The main contents of the instant lease agreement are as follows.

The monthly income tax shall be deducted for the summer period of 7 and August of the special agreement.

A lease contract shall be from September 1, 2014 to August 30, 2019.

Management expenses shall be borne by the user.

The defect repair expenses shall be determined as KRW 00,000.

More than anything else shall be borne by the lessor.

When a lease deposit is refunded at the expiration of the contract, it shall be paid to the lessee D.

According to the contents of the instant lease agreement, “C” is additionally stated in the lower end of the entry of “D” as above.

C

C. 1 Plaintiffs, including the termination of the instant lease agreement, are paid 40,000 following September 2014.

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