(영문) 서울동부지방법원 2016.09.30 2016나2095

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(영문) 서울동부지방법원 2016.09.30 2016나2095

임대료

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 23, 2011, the network C completed the registration of ownership transfer based on inheritance by consultation and division on June 19, 201 with respect to the building of the first and third floors underground in Seongdong-gu Seoul Metropolitan Government D (hereinafter “instant building”).

B. On January 2, 2012, the deceased C and the Defendant drafted a lease agreement with the Defendant stating that “The net C shall rent KRW 10,000,000 among the instant buildings as KRW 10,000,000, monthly rent, and KRW 1,000,000,000 for 24 months from January 10, 2012.”

(hereinafter referred to as “instant lease agreement”) a contract entered into with the said lease agreement.

The deceased C died on November 17, 2014, and on the same day, according to the agreement on the division of inherited property among co-inheritors, the Plaintiff inherited the instant building and the rents for the instant building independently. On June 5, 2015, the Plaintiff completed the registration of ownership transfer on November 17, 2014 with respect to the instant building due to the inheritance by consultation and division.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 6 (Additional Number omitted), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant is obligated to pay the Plaintiff the monthly rent of KRW 4 million and damages for delay for the period from January 10, 2012 to April 40 under the instant lease agreement. The Defendant’s assertion 2) concluded the instant lease agreement in collusion between the deceased C and the Defendant to register business under the name of the Defendant, and thus becomes null and void.

B. The judgment of the court below was concluded for business registration under the name of the defendant, and the defendant did not use part of the building of this case, the defendant did not pay the lease deposit under the lease agreement of this case to the deceased C, the fact that the defendant did not pay the deceased C or the plaintiff the monthly rent under the lease agreement of this case, and the defendant did not pay part of the building of this case.

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