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(영문) 수원지방법원 성남지원 2018.06.27 2017가단16029

건물인도 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On March 29, 2015, the Plaintiff entered into a lease agreement with Defendant C and Gwangju City D land and buildings (hereinafter “D”) on behalf of Defendant B by setting a deposit of KRW 7 million, monthly rent of KRW 700,000,000, and April 30, 2016.

B. The Plaintiff is written as G on the lease agreement of Defendant C and Gwangju City E (hereinafter “E”) that represented Defendant B again in around 2016.

Upon entering into a lease contract with a fixed term of 12 million won per month, 1.2 million won per month, and one year for the rent, 7 million won out of the above deposit 12 million won shall be replaced by the existing DD deposit with seven million won, and the remaining five million won shall be paid by December 25, 2016, and the remaining amount shall be paid by December 25, 2016, and 0.4% per month shall be paid as interest.

C. On December 2016, Defendant C obtained the Plaintiff’s permission and stored skiing equipment, etc. in D on March 30, 2017, and collected the same on March 30, 2017. On November 29, 2017, the Plaintiff directly collected the above skiing equipment, etc. from around June 6, 2017, when the Plaintiff had kept skiing equipment, etc. in D without the Plaintiff’s permission.

On March 30, 2017, Defendant C removed the above signboard by bringing a total of 1,390,000 won of expenses directly incurred by the Plaintiff on November 29, 2017, since the removal of the external signboard was not made even after the removal of the external signboard from E.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5 through 10, Eul 1, 2, 4 through 6, 9 and 10, and the purport of the whole pleadings

2. The Plaintiff’s claim against Defendant B against the Plaintiff: (a) concluded each of the above lease agreements on behalf of Defendant C, who is his father; (b) Defendant B, along with Defendant C, is liable to pay the fee, etc. for each of the F accounting’s real estate as seen below.

As to this, the Defendants asserted to the effect that Defendant C cannot comply with the Plaintiff’s request, since Defendant C entered into each of the above lease agreements on behalf of Defendant B without Defendant B’s consent.

Therefore, each of the above.