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(영문) 인천지방법원 2015.12.08 2015가합50725
건물명도
Text

1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

2. From September 1, 2015, the Defendant entered the Plaintiff in the annexed sheet.

Reasons

1. Basic facts

A. On December 8, 2011, the Plaintiff and the Defendant (the contractor’s name is the Defendant’s wife C) entered in the separate sheet owned by the Plaintiff on December 8, 2011 (hereinafter “instant building”).

(2) As to all and its facilities, the Plaintiff and the Defendant concluded a lease contract with the term of January 1, 2012 to December 31, 2013 (hereinafter “first lease contract”) with the term of lease deposit KRW 50 million, monthly rent of KRW 6 million (in addition to value-added tax, payment on the tenth day of each month), and the term of lease from January 1, 2012 to December 31, 2013 (hereinafter “first lease contract”). At the time of the conclusion of the contract, the Plaintiff and the Defendant agreed to pay the Plaintiff KRW 70,00 won for the CCTV usage fee of the instant building separately from the rent. (B) On December 24, 2013, the Plaintiff and the Defendant concluded a lease contract with the term of KRW 10 million, monthly rent of KRW 700,000 (payment of value-added tax, separate lease contract, and payment of value-added tax) and the term of the first lease contract with the term of “from December 131, 2013”.

(2) The Plaintiff and the Defendant agreed to pay in installments the increased amount of KRW 50 million for the lease deposit already paid at the time of the said contract, as is, the second lease deposit, and the increased amount of KRW 50 million.

The Defendant additionally paid KRW 31 million to the Plaintiff by the date of the closing of the instant argument, and paid KRW 81 million to the Plaintiff as the lease deposit.

C. On December 31, 2013, the Defendant sub-leaseed the first floor of the instant building to D, and received KRW 30 million from D as a deposit for lease. 2) The Plaintiff, who became aware of the lease agreement between the Defendant and D, resisted to the Defendant, the Plaintiff’s wife E, and the Plaintiff.

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