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Reasons
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(영문) 대전지방법원 2015.09.24 2015가단14973
건물명도 등
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1. Defendant B’s KRW 5,025,00 and interest rate of KRW 20% per annum from July 2, 2015 to the date of full payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. (1) On June 20, 2014, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant Company, etc., and the Defendant Company: Daejeon Dong-gu, Daejeon, 553 square meters and 330.86 square meters of the above ground warehouse buildings owned by the Plaintiff to the Defendant Company (hereinafter “instant real estate”).

(3) The term of a lease agreement with the term of a lease deposit of KRW 30 million, monthly rent of KRW 2.3 million (excluding value-added tax on June 30), the term of a lease specified from June 23, 2014 to June 23, 2016 (hereinafter “instant lease agreement”).

(2) Meanwhile, Article 4 of the instant lease agreement provides that “The lessor may immediately terminate the instant lease agreement when the lessee’s delay falls short of the amount of rent for the second period of two years.” (2) According to the instant lease agreement, the Plaintiff delivered the instant real estate to the Defendant Company, and the Defendant Company paid the said lease deposit to the Plaintiff.

B. (1) The Defendant Company entered into a sublease contract between the Defendant Company and the Defendant B on July 4, 2014 (hereinafter “instant sublease contract”) with the effect that the instant real estate is sub-leaseed between the Defendant B during the period from June 23, 2014 to June 23, 2016 (hereinafter “instant sublease contract”).

(2) In accordance with the instant sub-lease contract, the Defendant Company delivered the instant real estate to the Defendant B according to the instant sub-lease contract.

3) Meanwhile, on June 20, 2014, Defendant B paid to the Plaintiff KRW 2,530,000 (4,70,000,000,000,000 paid to the Plaintiff as the father of the said Defendant’s father) under the name of E, which is a broker of the said Defendant’s father,

On September 16, 2014, 2530,000 won and 5060,000 won were paid under the name of the above defendant.

C. The Plaintiff’s lease contract of this case

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