건물인도 등
1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the annex;
B. From September 6, 2017 to the delivery date of the above building.
1. Judgment on issues (whether the plaintiff leased to the defendant)
A. The plaintiff asserts that although the lease contract was not prepared, the plaintiff argued that he leased the building in the attached Form (hereinafter referred to as "the building in this case") to the defendant orally.
As to this, the defendant asserts that C, an employee of entertainment tavern C, he operated, leased the building of this case.
B. In light of the following circumstances, the lessee of the instant building is deemed to be the Defendant, taking into account the following circumstances, which can be seen by comprehensively taking into account the respective descriptions of Gap evidence Nos. 1, 2, 5, and 7 (including serial numbers; hereinafter the same shall apply).
1) From January 2016 to May 2016, the Defendant directly remitted KRW 2,50,000,000 and KRW 1,250,000,000 to the Plaintiff’s bank account (the Defendant asserted that C transferred money on behalf of C upon C’s request, but if C is the lessee, the Defendant would have given C a monthly wage to C and C a direct monthly wage to the Plaintiff), and the Plaintiff appears to have concluded a contract only with the Defendant under the circumstances where C was entirely unaware of C, and there is a reason to rent the number of employees residing in order to employ employees while operating entertainment tavern.
3) At the time of the lease of the instant building, the Defendant requested a distribution and decoration and sent the instant key to the Defendant. 4) The Plaintiff urged the Defendant to pay monthly rent close to the Defendant. On May 28, 2016, the Defendant deposited KRW 250,000,000 from the monthly salary and KRW 250,000,000 to the Plaintiff. The Defendant sent a text message stating that “I will have a spirit. I will not have a spirit. I will see this month. I will see the need for audit.”
In addition, as the Defendant did not pay monthly taxes from June 2016, the Plaintiff urged the Defendant to pay monthly taxes over several times on or around July 2016, and the Defendant around July 30, 2016, “I am l't we am about the Plaintiff.”