beta
(영문) 대전고등법원 2018.11.30 2017나16042

건물명도

Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff is jointly and severally with the Co-Defendant B of the first instance trial.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff entered into a lease agreement with the Defendant and the co-defendant B of the first instance trial (hereinafter referred to as “B”), and the Defendant and the B together with “Defendant, etc.” (hereinafter referred to as “instant building”) on the building indicated in the separate sheet (hereinafter referred to as “instant building”).

(B) Of the instant building, a lease contract for a store of the first floor among the instant buildings is called “first-class lease contract” and the entire building is collectively referred to as “the instant lease contract”). Lease deposit for an object of lease (attached building)/monthly lease deposit / monthly rent 11th floor store of June 16, 2014 from June 15, 2016 to June 15, 2016, 200, 24, 5th class private teaching institutes, and 5th class private teaching institutes.

The sum of 12,00,000,000/250,000/250,000 from June 21, 2014 to July 21, 2016, and the aggregate of 12,000,000/1,50,000/650,000 from August 29, 2014 to September 30, 2016 of the Private Teaching Institutes of the third floor of the third floor of the public announcement of the Private Teaching Institutes of the Republic of Korea (Evidence 1: the details of the instant lease agreement (Evidence 2 of the evidence No. 1, 2, 3)]

B. The Plaintiff transferred the instant building to the Defendant, etc. in accordance with the instant lease agreement, and received KRW 12,000,000 from B in total as the deposit money for lease.

C. On June 23, 2015, the Defendant entered into a sublease contract with Codefendant D (hereinafter “D”) with respect to the second floor of the instant building between June 23, 2015 and June 23, 2017, with respect to the instant sub-lease contract with the term of contract from June 23, 2015 to June 23, 2017 (hereinafter “the instant sub-lease contract”). The Plaintiff consented to the instant sub-lease contract.

According to the sub-lease contract of this case, the Defendant delivered to D the second floor of the instant sub-lease building (hereinafter referred to as the “sub-lease building of this case”) the instant sub-lease building excluding the sub-lease building of this case.

E. The details of monthly rent payments to the Defendant, etc. and D following the instant lease and sublease contract are as follows.

The amount of the person who is named for payment by the sequence 1.