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(영문) 서울동부지방법원 2016.05.13 2015나25619

건물인도

Text

1. In accordance with the amendment of the purport of the claim in the trial, the judgment of the first instance shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. Lease 1 between the Plaintiff and D Co., Ltd.) The Plaintiff is a C building located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”) in the Korea Land Trust Co., Ltd. on December 10, 2008.

(2) On May 13, 2009, the Plaintiff and the Korea Land Trust Co., Ltd. entered into a lease agreement with D Co., Ltd. (hereinafter “D”) on part of the instant building on the grounds of trust on December 5, 2008.

The object of lease: The lease deposit for the lease from May 13, 2009 to May 12, 2012: From May 13, 20109 to May 12, 2012: The Plaintiff completed the registration of ownership transfer on December 23, 201, for the instant building from the Korea Land Trust Co., Ltd. to December 19, 201 on the ground that the trust property belongs to the trust property on December 19, 201, the Plaintiff extended the lease contract with D and D around May 11, 2012 as follows:

The object of lease: The lease deposit from May 13, 2012 to May 12, 2014: The lease deposit from May 13, 2012 to May 12, 2014: the rent of KRW 1.5 billion for an apartment house: the special agreement on the sub-lease contract of KRW 51 to KRW 35 million for an officetel 11 to 5 million for an apartment house ( separate value-added tax) (Article 4) (i) the Plaintiff and D agree that the return of the sub-lease deposit may be impossible due to the lack of economic capacity of D in relation to the sub-lease contract concluded between D and a third party, and that the parties agree to establish the following special agreement free to establish:

(2) D. Deposit and sub-lessees D.