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(영문) 서울중앙지방법원 2017.07.14 2016가단5251539

건물명도

Text

1. The defendant shall be the plaintiff.

(a) Of the three floors of the building listed in the attached Table 1 list, each point of Attached Form 5, 6, 7, 8, 5.

Reasons

1. Basic facts

A. The Plaintiff entered into a lease agreement on part 343 square meters in the ship (hereinafter “instant 343”) and part 11 square meters in the attached Table 2 among the three floors of the building indicated in the attached Table 1 list, which are attached Table 5, 6, 7, 8, and 5 among the three floors of the building in the attached Table 1 list, and the three floors of the attached Table 1, which are attached Table 1, 2, 3, 4, and 1, among the three floors of the building in the attached Table 1 list, with the Defendant’s birth, on the part 31 square meters in the ship (hereinafter “instant 331 square meters”), and received from C a rent of KRW 90,000 per month for the instant 331 square meters and KRW 1.8 million per month for the instant 343 square meters.

B. After February 30, 2016, the Plaintiff concluded each lease agreement with the Defendant, setting the lease term as KRW 4 million from February 30, 2016 to February 28, 2017, and KRW 1 million from monthly rent as to the instant subparagraph 331, and around June 30, 2016 to June 30, 2016, with the lease term as to the instant subparagraph 343 as KRW 1.89 million from June 30, 2016 to June 30, 2018.

C. Regarding the lease of this case under the name of the Plaintiff: ① KRW 2.7 million in the name of July 5, 2016; ② KRW 1.89 million in the name of the Defendant on August 5, 2016; ③ KRW 1890,00 in the name of the Defendant on September 9, 2016; ④ KRW 1.890,00 in the name of the Defendant on October 5, 2016; ⑤ KRW 90,000 in the name of the Defendant on November 10, 2016; ② KRW 980,000 in the name of the Defendant on December 3, 2016; ② KRW 99,00 in the name of the Defendant on December 5, 2016; KRW 90,000 in the name of each of the Defendant on January 9, 200 in the name of each of the Defendant on January 10, 2017;

On March 10, 2017, the Plaintiff issued a receipt to the Defendant that he received the rent of KRW 900,000 for the instant No. 343.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 8, 9 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted by the parties. The defendant of this case No. 331, 343.