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(영문) 의정부지방법원 2016.07.21 2015나12872

건물명도

Text

1. In the first instance judgment, the claims added and expanded in the trial shall be modified as follows:

The defendant.

Reasons

1. Presumed facts

A. On May 29, 2012, the Plaintiff leased to C the lease deposit amounting to KRW 40,000,000, monthly rent (excluding value-added tax; hereinafter the same shall apply) and from June 8, 2012 to June 7, 2014 with respect to the part on board and the lower part thereof (hereinafter “part (b) in the attached list”).

B. On June 9, 2014, the Plaintiff leased the foregoing paragraphs (a) and (b) to D Co., Ltd. (hereinafter “D”) 40,000,000 won as lease deposit, monthly rent of KRW 4,200,000 (However, for the first six months, KRW 4,00,000 per month) and the lease term from June 9, 2014 to June 8, 2015.

C. On December 15, 2014, the Plaintiff agreed to limit the leased object to the part on the said ship (B) with respect to the lease agreement with D on December 15, 2014; the lease deposit was KRW 10,000,000; the monthly rent was KRW 1,400,000; and the lease period was January 14, 2015.

On December 15, 2014, the Plaintiff: (a) concluded a contract with the Defendant under which the part (a) above (hereinafter “instant real estate”) was transferred to the Defendant without permission for two years prior to December 15, 2014; (b) the part (a) above is KRW 10,000,000; (c) monthly rent of KRW 1,40,000 (the rent shall be paid on the nineth day of each month; (d) the first month rent shall be set from December 15, 2014 to January 9, 2015; and (e) the lease period shall be set from December 15, 2014 to June 9, 2015 (hereinafter “instant lease contract”).

In addition, as the special terms of the instant lease agreement, the Plaintiff agreed to pay the lease deposit of the instant lease amount of KRW 40,000,000, which was paid to the Plaintiff prior to D, as part of the lease deposit, but at the expiration of the lease term, the said lease deposit was returned to D.

E. Meanwhile, the Defendant did not pay to the Plaintiff the rent under the instant lease agreement.