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(영문) 서울중앙지방법원 2014.09.17 2014가단5049565
건물명도
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff and the Defendants entered into a lease agreement (hereinafter “instant lease agreement”) with regard to the lease deposit of KRW 14 million, monthly rent of KRW 2.1 million, and the term of lease from October 5, 201 to October 4, 201 with respect to the building 2, Dong 107, Gangnam-gu, Seoul (hereinafter “instant building”). Since the instant lease agreement expired on October 4, 2013 or terminated by the Plaintiff’s declaration of termination due to the delayed rent of at least two periods, the Defendants are obligated to deliver the instant building to the Plaintiff, and to pay the remainder of KRW 3.69 million after deducting the above lease deposit from the overdue rent and unjust enrichment that occurred until March 4, 2014 and the amount of unjust enrichment that occurred thereafter.

B. The Defendants asserted that the instant lease agreement was concluded between Defendant E, a representative director, and the Plaintiff. Therefore, they asserted that the lessee is not the non-party company and the Defendants.

2. First of all, as to whether the instant lease agreement was concluded between the Plaintiff and the Defendants, the following circumstances are acknowledged by adding the whole purport of the pleadings to each of the statements in the Health Team, Gap evidence Nos. 2, Eul evidence Nos. 5 through 9 (including the above numbers), and the non-party company, the representative director of which is defendant B, was established for the purpose of real estate lease business, etc., and completed the registration of incorporation on December 23, 2009, which was before the conclusion of the instant lease agreement, and completed the business registration. On the other hand, the defendant B completed the business registration with the trade name "F," which is an individual business, only after July 18, 201, and there is no business registration completed in the name of the Defendants at the time of the conclusion of the instant lease agreement, and the plaintiff issued the tax invoice on rent for the month of August 2012 to the non-party company.

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