건물인도
Defendant D shall leave from the real estate indicated in the attached Form.
The plaintiff's claim against the defendant B and C respectively.
The Plaintiff asserted that Defendant B occupied the real estate stated in Paragraph (1) of the Disposition (hereinafter “instant gas station”) under the order of Defendant C, etc., and demanded Defendant B to leave the gas station of this case. However, there is no evidence to deem that Defendant B occupied the gas station of this case. Thus, the Plaintiff’s assertion on Defendant B is without merit without need to further examine.
The reasons for the determination of the claim against Defendant D are as shown in the attached Form of the claim and the changed reasons for the claim.
On January 14, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, the lessee of the instant gas station, on the following grounds: (a) the lease deposit amount of KRW 100 million; (b) the rent of KRW 7 million per month; (c) the lease period of February 3, 2014 through February 2, 2019; and (d) the instant gas station was handed over to E on February 3, 2014; and (e) the instant gas station was handed over to E on February 3, 2014. At the request of E, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”).
On January 2014, the Plaintiff entered into a lease agreement with E as F with the name of the lessee of the pertinent gas station (hereinafter “instant lease agreement”). However, the lease deposit of the instant gas station was maintained as KRW 100 million as in the previous lease agreement, but the lease term was changed to five years from February 13, 2014, and the rent was changed to KRW 500,000 per month (in addition to value-added tax, the 13th day of each month), and separately from the rent, the amount of KRW 2,00,000 per month was additionally paid from E, but the tax invoice was not issued for this money.
After that, E obtained a business registration certificate in the name of F, and started to operate the gas station of this case from February 2014.