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(영문) 서울동부지방법원 2015.12.04 2015나3503
임대료
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. There is no dispute between the parties to the underlying facts, or the following facts may be acknowledged in full view of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 to 4 and Eul evidence Nos. 1 to 8.

On June 2008, the Defendant leased the “No. 112 and No. 113 of the 1st floor of the Da-gu, Seongbuk-gu, Sungnam-si, to the lessor’s monthly rent of KRW 600,000,000, and operated the automobile maintenance business center in the name of “E”.

B. The Plaintiff purchased “113, 27.76 square meters of the first floor of the building in Seongbuk-gu, Sungnam-si (hereinafter “instant real estate”) through an auction and completed the registration of ownership transfer on May 17, 2012.

C. On July 25, 2012, the Plaintiff filed an application against the Defendant for an order to deliver real estate regarding the instant real estate, and thereafter the original copy of the decision to deliver real estate was served on the Defendant. On July 25, 2012, the enforcement officer notified the Defendant on the location of the instant real estate on July 25, 2012, that “the Defendant voluntarily delivered the instant real estate to the Plaintiff by August 1, 2012,” and immediately thereafter, the Defendant delivered the instant real estate to the Plaintiff.

On December 7, 2012, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the instant real estate as follows: (a) KRW 20 million; (b) monthly rent of KRW 600,000; and (c) the lease period of KRW 8,000,000; and (d) the Defendant’s lease agreement with the Plaintiff from the date of delivery until December 8, 2013 (12 months); and (c) on the column for the terms and conditions of the said agreement, the rent shall be determined only by 60 per year and shall be one million won as of November 1, 2013.

2. The present contract will be dated November 1, 2012

"The content" includes "the content".

E. On December 7, 2012, the date of entering into the instant lease agreement, the Defendant: (a) KRW 7 million as part of the deposit to the Plaintiff; and (b) on December 14, 2012, the main contract, among the said special agreement, was entered into on November 1, 2012.

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