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(영문) 수원지방법원 2015.05.19 2014가단50155

건물명도

Text

1. The Plaintiff:

A. Defendant B is the first real estate indicated in the attached list, and Defendant C is the first, and the first, and the second, the attached list.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the 1 and 2 real estate listed in the separate sheet (hereinafter “instant 1 and 2”). Defendant C as the father of Defendant B, the Defendants, as the father of the instant building, leased each of the instant buildings, set up a roof covering each of the instant buildings on the site between the said buildings and operate a restaurant of “D”, which actually uses each of the instant buildings as a single building.

B. (1) Around May 201, the Plaintiff entered into a lease agreement with Defendant B and the instant building with a lease term of KRW 20 million, the lease term of KRW 1.5 million from May 27, 201 to May 26, 2013, and the monthly rent of KRW 1.5 million from May 26, 2013. At the time of entering into the said lease agreement, the value-added tax is separate at the time of issuing the tax invoice, and the lessor is not entitled to receive the premium at the time of transferring the right, and the lease deposit shall be paid by November 30, 201, and the monthly rent shall be KRW 1.5 million from May 201 and KRW 2 million from that date.

(2) On May 201, the Plaintiff entered into a lease agreement with Defendant C and the instant building with a lease term of KRW 40 million, the lease term of KRW 50 million from May 27, 201 to May 26, 2013, and KRW 2 million from May 26, 2013. At the time of entering into the said lease agreement, the value-added tax was separate at the time of issuing the tax invoice; and the lessor, without recognizing the goodwill, determined that the lessee is unable to receive the premium at the time of transferring the right.

(3) The Defendants paid KRW 40 million to the Plaintiff the lease deposit for the instant building 2, but did not pay KRW 20 million to the Plaintiff the lease deposit for the instant building.

C. The Defendants were exempted from the Plaintiff that they were during the preparation period necessary to operate a restaurant in each of the instant buildings, and were under the instant lease agreement from September 27, 201.