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(영문) 서울중앙지방법원 2016.01.21 2015가합5373

건물명도

Text

1. The Defendant’s KRW 49,350,136 as well as 5% per annum from January 3, 2014 to January 21, 2016 to the Plaintiff.

Reasons

1. Recognizing the facts, Article 1 (Lease Deposit and Monthly Lease) 1) does not exist, and monthly rent is paid interest on KRW 520,00,00 which was loaned from the Savings Bank, and C is responsible for and directly paid to the Savings Bank each month. The term of lease and management under Article 2 (Duration) is up to the time the instant building is sold or purchased by C. Article 5 (Change of Use and Sub-lease) C is prohibited from altering, sub-lease, transferring, or guaranteeing the use or structure of the instant building without the consent of the Plaintiff, or from using it for any purpose other than the purpose of lease. Article 7 (Period of Lease and Sub-lease) C is prohibited from visiting the instant building at any time to make it available for the Plaintiff’s office and resting space by designating one room for the bus room located on the second floor of the instant building. The Plaintiff shall be located on September 1, 2010 on the 2nd floor of the instant building.

2) The lease agreement of this case was made (hereinafter “the lease agreement of this case”).

The main contents of the instant lease agreement are as follows. On September 1, 2010, E obtained a loan of 520,000,000 won from Do resident mutual savings bank (hereinafter “the instant lease agreement”) on August 31, 2012 at the maturity of payment period (the instant loan is a loan under Article 1(1) of the instant lease agreement; hereinafter “the instant loan”). C has jointly and severally guaranteed the instant loan obligations of E. The Plaintiff created a collateral of 728,00,000 won for the instant building as collateral for the instant loan obligations.

After that, on September 28, 2010, a loan contract was transferred to the Savings Bank instead of a stock company (hereinafter “stock company”) and on the same day, the said loan contract was transferred to the Savings Bank instead of a stock company.