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(영문) 대구지방법원 2019.07.24 2018가단105894
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) indicated in the separate sheet No. 1, 2, 3, and 4. of the real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On December 2016, the Plaintiff leased and operated the building indicated in the separate sheet from C, the owner of which, among the above buildings, connected the Defendant with each of the points indicated in the separate sheet No. 1, 2, 3, 4, and 1, on the first floor non-store (A) of the aforementioned building, and connected each point of 18.2 square meters in the separate sheet No. 2, 1, 2, 5, 6, and 1, (B) of the annexed sheet No. 102.67 square meters, 2, 3, 4, 5, and 2 with each point of 102.67 square meters, 102.67 square meters, 2, 3, 4, 5, and 12, and 201 square meters in sequence, and 200,000 won of the leased housing unit (hereinafter referred to as “1,60,000 won of the leased housing unit”).

(hereinafter referred to as the “instant sub-lease contract”). B. The said sub-lease contract

The Defendant occupies the instant store in the condition that the amount equivalent to the rent and management expenses incurred after July 2017 was not paid to the Plaintiff, and the amount equivalent to the rent and management expenses accrued until December 2018 reaches KRW 37,593,445 in total.

C. The above B.

On March 23, 2018, the instant complaint containing the Plaintiff’s expression of intent to rescind the instant sub-lease contract on the grounds of not less than three years of delinquency in rent. D.

On the other hand, the defendant has supplied fireworks to the plaintiff, and currently the unpaid amount remains 16,22,424 won.

E. The plaintiff was above B.

37,593,445 won and above-mentioned amount equivalent to the rental fees and management expenses mentioned in the paragraph.

The intention of offsetting 16,22,424 won due to the failure to be described in the paragraph was expressed.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

(a)the cause of the action;

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