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(영문) 의정부지방법원 2016.09.09 2016가단3492

건물명도

Text

1. The Defendants are to the Plaintiff:

(a) deliver the real estate listed in the separate sheet; (b)

Joint and several occasions from February 19, 2016.

Reasons

1. The facts following the facts are: (a) there is no dispute between the Plaintiff and the Defendant between the said parties; or (b) there is evidence Nos. 1-1, 2, 2, and 4; and (c) the overall purport of the pleadings was considered. Defendant C led to confession pursuant to Article 150 of the Civil Procedure Act between the Plaintiff and the Defendant C.

(1) On July 7, 2014, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 20 million, monthly rent of KRW 1.5 million, and the lease term from July 7, 2014 to July 7, 2016 (hereinafter “instant lease agreement”). The Plaintiff entered into a lease agreement with Defendant B (hereinafter “instant lease agreement”).

(2) Article 5 of the instant lease agreement provides that the lessee shall restore the leased object to its original state and return it to the lessor upon termination of the lease agreement.

(3) The Plaintiff and Defendant B entered into the same special agreement as the attached special agreement (hereinafter “instant special agreement”).

(4) Meanwhile, although the Plaintiff entered into the instant lease agreement with Defendant B, it accepted the Defendants’ request that the lease contract under Defendant C needs to be made in order to complete business registration in Defendant C, who is the wife of Defendant B, and the lessee entered into a lease agreement on July 7, 2014, which is the same content as the instant lease agreement.

Accordingly, on July 7, 2014, Defendant B added to the lease agreement under Defendant C’s name, “The fact that Defendant B did not grant a business license in the future of Defendant C and did not grant a business license in the future of Defendant C, thereby recognizing that Defendant B was a false contract with one head upon Defendant B’s permission.”

B. Defendant B paid only KRW 5 million among the lease deposit, and did not pay the remainder of the lease deposit KRW 15 million.

C. Defendant B did not pay the monthly rent from January 2015.

Defendant C on May 10, 2015