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(영문) 수원지방법원성남지원 2016.01.20 2014가단21402

건물인도 등

Text

1. The Defendant: KRW 75,887,096 for the Plaintiff and KRW 6% per annum from November 26, 2015 to January 20, 2016.

Reasons

1. Presumed factual basis

A. From December 2012, the Defendant operated a skiing shop in the name of “C” from among the buildings listed in the separate sheet owned by the Plaintiff pursuant to a lease agreement with the Plaintiff, among the buildings listed in the separate sheet owned by the Plaintiff.

[However, in addition to the above (c) and (d) parts, the defendant has used the portion of the annexed drawings (f) and (vii) among the buildings listed in the annexed list for the purpose of displaying and storing the goods related to the above skiing shop, among the buildings listed in the annexed list] from October 2013, the defendant used from around October 2013.

The portion of the above (c) Nos. 103, 203, and 4(d) are 104 and 204, and the leased and used as one store (hereinafter “103104”). The above (v) portion is 105 and 205, and has been leased and used as one store (hereinafter “105”). The above (v) portion is 106, 206, and (vii) portion is 107 and 207, and is leased and used as one store (hereinafter “106107”).

(2) Each second floor was used as a space for storage, lodging, etc., of the same structure as that that can only be taken through stairs in the first floor. (B) The Defendant paid to the Plaintiff KRW 15 million around December 2012, and KRW 15 million on December 31, 2013. (c) On March 18, 2015, the Defendant transferred the said skiing to the Plaintiff from this Court on March 18, 2015, and issued the key of KRW 103104 and 105, and 106107 to the Plaintiff from this Court on March 18, 2015.

2. Determination on the contents of a lease agreement

A. On November 2012, the Plaintiff asserted that the period of priority as to 103104 verbally with the Defendant is up to March 31, 2013, and the deposit and rent are up to KRW 15 million without a deposit, and the agreement was made to prepare a periodical contract later. The agreement was not prepared by the Defendant’s failure to comply. The Defendant’s lease agreement (No. 1) presented by the Defendant is the Defendant.