beta
(영문) 대전지방법원 2016.10.18 2016가단211719

임차인명의변경

Text

1.(E) on the 1st floor (E) on the 20th floor among attached real estate buildings: (a) on the 1st floor (E); (b) on the 20th floor (c) on the 3rd floor; (d) on the 5th floor; (g) on

Reasons

1. Facts of recognition;

A. From around 2000, F entered into a lease agreement on the part “A” (hereinafter “instant commercial building”) indicating the annexed drawings among the first floor of the attached real estate (hereinafter “instant building”) with G, and on March 27, 2000, F completed the instant commercial building’s business registration with the trade name “E”. From that time, F operated a restaurant in the instant commercial building.

B. The Defendants purchased the instant building from G and H on December 29, 2001 and completed the registration of ownership transfer on January 19, 2002.

C. The Plaintiff, a spouse of F, operated a restaurant in the instant commercial building with F, and paid the Defendants monthly rent of KRW 500,000 by March 30, 2016.

The Intervenor (hereinafter referred to as the “ Intervenor”) received on January 11, 200 the order of seizure and collection, which was issued on January 11, 2000, from the Daejeon District Court’s Daejeon District Court’s 9s. The amount claimed as KRW 50 million based on the authentic copy of the protocol of conciliation in the loan case No. 99s. 15370 against F, and the F’s claim to return the deposit in the commercial building in this case against G (which appears to be the clerical error in G, although the written decision was made as I but appears to be the clerical error in G).

E. With respect to the instant commercial building between the Defendants and the Intervenor, a lease agreement between the Defendants and the Intervenor was made between KRW 20 million, KRW 500,000,000, and the period from February 22, 2005 to February 21, 2007.

F. As to the instant commercial building between the Defendants and F, a lease agreement was made between the Defendants and F that KRW 20 million, KRW 500,000,000, KRW 500,000, and the lessor, by December 14, 2013, deliver the leased object to the lessee.

G.F died on April 6, 2016, and the Plaintiff is the only heir as F’s spouse.

[Reasons for Recognition] The written evidence Nos. 1 through 7, Eul No. 1, Eul No. 1 (including additional numbers), and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Defendants are the lessor after the Plaintiff F entered into a lease agreement.