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(영문) 서울고등법원 2018.02.09 2017나2052314

건물명도

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Relevant parties 1) The Plaintiff is a factory site F in Kimpo-si and a factory building on its ground (hereinafter collectively referred to as “instant real estate”).

(2) Defendant B Co., Ltd. (hereinafter “Defendant E”) is a company established on February 19, 2013 with G as its representative director for the purpose of interior construction business, architectural design business, architectural interior construction business, and installation business.

3) D Co., Ltd. (hereinafter “D”).

(4) Defendant C Co., Ltd (hereinafter “Defendant C”) (hereinafter “Defendant C”) is a company established on April 22, 2016 on August 31, 2015 for the purpose of household manufacturing and painting, building interior materials construction, installation, etc., using M as its representative director.

B. (1) On March 11, 2014, the Plaintiff entered into a lease agreement with Defendant E with regard to the instant real estate as stipulated in the lease deposit of KRW 65 million, KRW 65 million per month, KRW 6.5 million per month, and KRW 100,000 per month, and KRW 48 months from April 10, 2014 to April 10, 2018 (48 months). Defendant E requested the Plaintiff to change the lessee under the said lease agreement to D around September 7, 2015.

Accordingly, between D and D on September 7, 2015, the Plaintiff entered into a lease agreement with the term of KRW 65 million, monthly rent of KRW 65 million (additional tax separate, the last day of each month, and the overdue interest of KRW 25 percent per annum), and the term of lease from September 1, 2015 to March 31, 2018 (31 months).

(hereinafter “instant lease agreement”). 3 On September 7, 2015, the Plaintiff returned KRW 50,000,000,000,000,000,000 from the lease deposit paid by Defendant E to Defendant E, to that time, deducted from KRW 65,00,000,000 for the two-month overdue period, and M, who was the representative director at the time, was the Plaintiff on the same day under the instant lease agreement.