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(영문) 수원지방법원 2018.11.30 2017가단542105

임대료 청구의 소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 7, 2015, the Plaintiff entered into a sales contract with Scishland Co., Ltd. (hereinafter “Scishland”) to purchase KRW 832,00,000 for the purchase price of KRW 733,00,00 with the Yongsan-gu Seoul Building Co., Ltd. (hereinafter “Scishland”). On July 7, 2015, the Plaintiff completed the registration of ownership transfer with the Suwon District Court Receipt No. 129787, Jul. 7, 2015.

B. Defendant Master’s degree C&D Co., Ltd. (hereinafter “Defendant Company”) concluded a lease agreement to lease the instant real estate (hereinafter “instant lease agreement”) with Swenland, the owner of the instant real estate, and Defendant B, an employee of the Defendant Company, occupied the instant real estate on December 20, 2017 while leaving the instant real estate.

C. Regarding the instant lease agreement, there is a lease agreement (hereinafter “instant lease agreement”) with the content that the lease agreement from November 28, 2014 to November 28, 2016 (hereinafter “the first lease agreement”) and that the lease agreement between Snishland, the lessee, the lessee company, the lessee company, the lessee from November 10 to November 9, 2014, and the rent and the management fee shall be KRW 400,000,000 for the monthly rent and the management fee shall be deducted from the unpaid management fee to be paid to the Defendant company by Snishland (hereinafter “instant lease agreement”).

On the other hand, the defendant company filed a lawsuit against Sshishland with Suwon District Court Decision 2014Kadan5766, and on April 4, 2014, the above court rendered a judgment that "Sshishland shall pay to the defendant company 23,296,350 won and 20% interest per annum from December 24, 2013 to the date of full payment." The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, 2, Eul evidence 1, 2, Eul evidence 1, 2, and 4, and all pleadings.