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(영문) 광주고등법원 2015.05.20 2014나3589

건물명도 등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 21, 2011, the Defendant’s maintenance plant lease and the Plaintiff’s money lease 1) C concluded a lease agreement between the Defendant and the Defendant to set up a deposit for approximately KRW 203 square meters (including KRW 8,000,000,000 per deposit, management expenses, monthly management expenses, and period of lease from August 1, 201 to July 30, 201 (hereinafter “instant lease agreement”).

(2) On June 30, 201, the Plaintiff, a member of the Defendant, agreed to lend money equivalent to intermediate payment to C under the instant lease agreement to the Defendant’s account in the name of E, a spouse of the Plaintiff, with the introduction of H, which was the Defendant’s president at the time of June 201, and lent KRW 100 million to I, who was to operate the subject-matter of the instant lease agreement, KRW 280 million,00,000,000,000,000,000,000,000,000,000.

3) On July 6, 2011, G drafted the instant lease agreement agreement, and around July 6, 201, G submitted a copy of F’s identification card to the Defendant at the Defendant’s request, and the special terms and conditions of the agreement entered into at the time (hereinafter “instant special terms and conditions”).

(B) The phrase “the lease deposit shall be returned in the presence of F and E after the expiration of the term of the contract.” (b) The Defendant revealed that E is specified as a observer at the time of returning the lease deposit under the instant lease agreement on December 28, 201 and January 16, 201, and that E is specified as a observer at the time of the return of the lease deposit under the instant lease agreement, and C is overdue from October 201 to October 201.