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(영문) 춘천지방법원 2016.10.27 2015가단50531

건물명도

Text

1. The Defendant’s KRW 89,378,543 as well as 5% per annum from March 19, 2015 to October 27, 2016 to the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1, Eul evidence 2, Eul evidence 3, Eul evidence 4, Eul evidence 1, Eul evidence 14, Eul evidence 16, Eul evidence 16, Eul evidence 7, part of Eul evidence 7, Eul evidence 13-1 to 5, Eul evidence 16, Eul evidence 16, part of Eul evidence 7, Eul evidence 16, witness Eul evidence 7, and witness Eul's testimony, and there is no counter-proof.

On July 22, 2009, Nonparty C, D, and E entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, setting the monthly rent of KRW 2,00,000,00, and the lease term from July 22, 2009 to September 22, 2014, to lease the real estate indicated in the attached list (hereinafter “instant building”).

B. On October 30, 2009, Nonparty C, D, and E agreed to respectively modify the lease deposit amount of the instant lease agreement from KRW 10,000,000, monthly rent, KRW 3,000,000, and the lease period from November 20, 2009 to November 19, 2014.

C. On July 7, 2011, the instant building entered into an agreement with Nonparty G and H for the transfer of ownership by 1/2 shares, respectively. On July 7, 2011, Nonparty H and G agreed to succeed to the instant lease agreement entered into with the Plaintiff.

On January 30, 2012, the Plaintiff entered into a sublease contract with the Defendant to sublease KRW 100,000,000 as the sublease deposit, KRW 10,000,00 as the monthly rent, and KRW 10,00,00 as the sublease period from February 1, 2012 to February 1, 2016 (hereinafter “instant sublease contract”). The Defendant paid KRW 30,00,000 as the deposit deposit under the instant sublease contract to the Plaintiff.

E. The Plaintiff and the Defendant are the monthly rent of KRW 10,00,000 in the instant sub-lease contract, which is the rent of KRW 3,30,000 per month and the rent of the building. The Plaintiff and the Defendant are the rent of KRW 6,700 per month.