beta
(영문) 서울동부지방법원 2016.04.08 2015나25824

점포인도등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 31, 2008, the Plaintiff, C, and D’s lease agreement, C, and D concluded a lease agreement stating that “The Plaintiff leased to C and D the first floor of the instant building as indicated in paragraph (1) of the attached Table owned by the Plaintiff (hereinafter “the first floor of the instant building”). The lease deposit is KRW 20 million, monthly rent is KRW 1.2 million, and the lease term is determined from October 31, 2008 to October 30, 2009.”

C and D paid the Plaintiff the above lease deposit amount of KRW 20 million around that time, and thereafter the above lease contract was renewed.

(hereinafter referred to as “instant previous lease agreement” in total. B.

(1) Before the instant relocation lease contract was concluded, G had operated a laundry at least KRW 5 million for sublease deposit and KRW 300,000 for monthly rent before the remainder (hereinafter “the instant laundry part”) of the first floor of the instant building, with the exception of the part indicated in paragraph (2) of the attached Table No. 2, prior to the conclusion of the instant relocation lease contract.

(2) Upon entering into the instant lease agreement on October 31, 2008, C and D sublet the instant laundry part to G.

C. The Defendant, from March 31, 2010 to the first floor of the instant building, occupied the part indicated in paragraph (2) of the attached Table among the first floor of the instant building (hereinafter “instant dispute part”), directly or indirectly, from March 31, 2010.

(2) As to the specific contents of the title that the Defendant possessed from March 31, 2010 to the point of possession of the instant dispute, there is no dispute between the Plaintiff and the Defendant, but at least, the lease relationship between the Plaintiff and the Defendant (hereinafter “lease”) has been established, and there is no dispute as to the fact that the monthly rent is KRW 90,000,000 as stipulated in the instant lease.

(3) The lease contract, etc. between the Plaintiff and the Defendant on the instant lease.