logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.04.27 2015나11852
건물명도등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant, from 1 plaintiff to 50,000,000 won, from 1 plaintiff to 2015.

Reasons

1. Facts of recognition;

A. The building for lease of this case was owned by the Plaintiff and operated the frequency of C, the representative director of the Plaintiff.

B. On February 25, 2011, when transferring the said frequency to D, the Plaintiff concluded a lease agreement with the term of lease from February 28, 2011 to February 27, 2013 on the instant building for the purpose of lease, setting the lease deposit as KRW 50 million, and received KRW 25 million from D with the frequency of house fixtures, etc. As the special terms and conditions of the lease agreement, the Plaintiff stipulated that “non-goods rent shall not be claimed from the lessor (the facility cost shall not be transferred to any other person).”

C. Since then, D, which operated a house, became difficult to operate due to traffic accidents, the Plaintiff entered into a lease agreement with the term of lease from June 10, 2011 to June 9, 2013, with respect to the building for lease purposes of this case, the Plaintiff entered into a lease agreement with the term of lease from June 10, 201 to June 9, 2013, with the lease deposit amount of KRW 50 million, monthly rent of KRW 2750,000 (including value-added tax).

On May 30, 2011, the Plaintiff prepared a “ receipt” stating that “34 million won is stipulated as the installation of a septic tank and facility costs of the building for the purpose of the lease of this case,” and issued it to the Defendant.

E. After that, E and the Defendant operated the frequency of the instant lease-purpose building at the same time, and the Defendant concluded a lease agreement with the Plaintiff and the Defendant, setting the same content as the said lease agreement concluded with E on January 11, 201, namely, from June 10, 201 to June 9, 2013, from June 10, 201, from June 10, 201 to June 9, 2013, from the lease deposit amount to KRW 50 million, monthly rent 2750,000 (including value added tax).

F. All the lease agreements that the Plaintiff entered into with E and the Defendant provide that “if a lessee fails to pay a rent on at least two consecutive occasions, the lessor may terminate the lease immediately,” and that “if the lease contract is terminated, the lessee shall restore the said real estate to its original state and return it to the lessor,” and the lessee shall be construed as “the lessee.”

arrow