beta
(영문) 인천지방법원부천지원 2015.01.29 2014가단39666

원상회복, 건물명도

Text

1. The Plaintiff:

A. From 40,000,000 to 40,000 won, Defendant B is three floors among the buildings listed in the separate sheet from July 1, 2014.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 2, 3, 4; (c) evidence Nos. 1, 2; and (d) Nos. 3-1, 3-2; and (c) the purport of the entire pleadings.

On November 30, 201, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with regard to KRW 20,000,000, monthly rent, KRW 300,000 with respect to the third floor of 369.69 square meters (3rd floor of 299.20 square meters among the buildings indicated in the attached list owned by Defendant B and the Plaintiff (hereinafter “instant store”), among the buildings indicated in the attached list owned by the Plaintiff, and the third floor of 369.69 square meters (hereinafter “instant store”). The Defendant B paid the lease deposit to the Plaintiff and operated the “D” (hereinafter “instant business”).

B. However, around June 5, 2013, Defendant B entered into a contract with Defendant C to transfer the instant business establishment at KRW 125,000,000 (hereinafter “instant sales contract”). Accordingly, Defendant B subleaseed the instant store (hereinafter “instant sublease or sublease contract”) so that Defendant C can operate the instant business establishment, and Defendant C operated the instant business establishment from around that time.

C. Even after the instant sub-lease, Defendant B paid KRW 3,300,000, including value-added tax, to the Plaintiff by September 30, 2013 under the instant lease agreement, and Defendant B paid KRW 300,000, value-added tax on November 7, 2013 also to the Plaintiff.

At the time of the instant purchase and sale contract, Defendant C, the assignee, was liable for the increase in the deposit and rent under the instant lease agreement. On November 22, 2013, Defendant B, upon renewal of the instant lease agreement, increased to KRW 40,000,000, monthly rent of KRW 3,500,000 (where value-added tax is included, KRW 3,850,000, monthly payment, and KRW 300,000.