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(영문) 춘천지방법원영월지원 2016.12.01 2015가합429
건물명도 및 영업신고증 명의변경
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex 1 list;

(b)in respect of the business report listed in the annex 2 list.

Reasons

1. Basic facts

A. On December 24, 2014, C entered into a lease agreement with the Plaintiff and the Defendant with respect to the building listed in the separate sheet No. 1 (hereinafter “instant commercial building”), whereby the lessor entered into a lease agreement with the Plaintiff, the Defendant, and the lease deposit amount of KRW 50 million (payment of KRW 10 million on the day of the contract, the remainder of KRW 40 million on January 15, 2015, and the monthly rent of KRW 1.3 million).

(hereinafter “instant lease agreement”). B.

On September 24, 2015, the Defendant made up to December 15, 2015, the Plaintiff paid KRW 45 million to the Plaintiff as a deposit for the lease of the instant commercial building. If the Plaintiff is unable to pay it, the Defendant made up a payment note to the effect that the instant commercial building will be immediately handed over to the Plaintiff, and that the procedure for business operator’s change will also be implemented with respect to the business report listed in the attached Table 2 list.

(hereinafter referred to as “instant letter of payment”). (c)

The Defendant did not pay KRW 45 million to the Plaintiff until December 15, 2015, and until now the Defendant occupied and operated the instant commercial building.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the facts acknowledged prior to the determination of the cause of the claim, the Defendant is obligated to deliver the instant commercial building to the Plaintiff in accordance with the instant payment note, and to implement the procedure for changing the name of the business operator with respect to the business report as stated in the attached table

3. Judgment on the defendant's assertion

A. The summary of the argument and D, the Plaintiff and the Defendant’s seat, led the process of concluding the instant lease agreement. On December 24, 2014, the Defendant, as instructed by D, paid KRW 5 million to the Plaintiff on the name of the lease deposit, KRW 10 million, KRW 3 of the cashier’s checks of KRW 10 million, KRW 15 million, and KRW 15 million to C on January 15, 2015, respectively, and the Plaintiff did not fully bear the lease deposit.

Nevertheless, D, the Plaintiff’s coercion, and coercion, respectively.

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