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(영문) 대구지방법원 2016.04.05 2015가단31619
건물명도
Text

1. The Plaintiff:

A. Defendant B, as indicated in the attached Table 1 list, indicated on the 7th 329.6 square meters of the building as indicated in the attached Table 1, 1, 2, 3, and 3.

Reasons

1. On August 20, 2014, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 30 million with respect to the 7th floor of the building indicated in the attached Table 729.6 square meters (hereinafter “instant 7th floor building”) from September 1, 2014 to August 31, 2016, and the monthly rent of KRW 1650,00 (excluding value-added tax).

However, as the purpose of the building register of the 7th floor building of this case is business facilities, it was impossible to conduct a nursing institute that Defendant B tried to operate, the above lease contract was rescinded and the lease contract was concluded again.

On September 1, 2014, the Plaintiff and Defendant B entered into a lease agreement with respect to KRW 10 million, monthly rent of KRW 550,000 (excluding value-added tax), and from September 1, 2014 to September 30, 2016, with respect to the lease deposit of KRW 10,000,000,000 and KRW 550,000,000,000,000 in line with each of the instant seven floors.

In addition, on September 25, 2014, the Plaintiff and Defendant B entered into a lease agreement with the term of KRW 20 million, monthly rent of KRW 1.2 million (excluding value-added tax), from October 1, 2014 to September 30, 2016, with respect to the size of 224.1 square meters in a ship connected each point in sequence, among the 4th floor of the building listed in the attached Table No. 332.06 square meters on September 25, 2014.

Since then, Defendant B, while operating a nursing institute in the building northwest of the instant seventh floor and the building south East-dong of the instant fourth floor, concluded an additional lease agreement to expand the Plaintiff’s educational institute.

Defendant C is the father of Defendant B. On March 12, 2015, the Plaintiff and Defendant C indicated the annexed drawing No. 1 among the buildings of the instant seventh floor on March 12, 2015. As to the leased deposit amounting to KRW 20 million on board (hereinafter “the instant seven-story building”).

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