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(영문) 대전지방법원천안지원 2016.07.21 2015가단109214

건물명도

Text

1. The Plaintiff:

A. Defendant B shall display 1, 2, 8, 9, and 1 of the annexed drawings among the real estate listed in paragraph 2 of the attached list.

Reasons

1. Basic facts

A. As between September 10, 2012, the Plaintiff entered into a lease agreement with D as to the real estate listed in paragraph (1) of the attached Table 1 (hereinafter “real estate 1 of this case”) with a deposit of KRW 30,000,000, monthly rent of KRW 4,500,000 (excluding value-added tax), the contract term from September 30, 2012 to September 29, 2017; and (2) as to the real estate listed in paragraph (2) of the attached Table 2 of the attached Table (hereinafter “real estate 2 of this case”), the Plaintiff received the deposit of KRW 10,000,000, monthly rent of KRW 3,000 (excluding value-added tax), and from September 30, 2012 to September 29, 2017, and each of the above real estate 1 of this case was paid from D each of the above deposits around that time.

Each of the above lease agreements (hereinafter referred to as "each of the lease agreements in this case") included a special agreement that the Plaintiff, a lessor, consents in advance to sublease by D, a lessee.

B. On October 16, 2012, D and E drafted a sublease contract with the purport that “D shall make the instant real estate first to E with a deposit of KRW 200,00,000, monthly rent of KRW 8,500,000, contract term of KRW 8,500,000, and contract term from October 31, 2012 to October 30, 2013. The subleaser obtained an agreement to sublease from the owner of the building,” and the notary public was also authenticated by a deed signed by a private person with a view to the law firm mission, etc.

C. On November 5, 2012, D and F drafted a sublease contract to the effect that “D shall make the instant 2 real estate to F with a deposit of KRW 100,00,000, monthly rent of KRW 5,500,000, and the contract term from November 30, 2012 to November 29, 2013. The subleaser obtained an agreement to sublease from the building owner,” and the notary public obtained a certification of a deed signed by a private person with a view to the law firm’s mission, etc.

G operated a new store with the consent of E and F in the first and second real estate of this case.

E. D did not pay the Plaintiff the difference regarding the instant real estate No. 1 from September 5, 2013, and from October 1, 2013 with respect to the instant real estate No. 2.