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(영문) 서울동부지방법원 2016.04.07 2015가단28242
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver attached real property;

(b) 6,270,000 won and 4,950,000 among them;

Reasons

1. Comprehensively taking into account the statement in Gap evidence No. 1 and the purport (including the fact that there is no dispute) of the entire pleadings with the witness C’s testimony on March 9, 2015, the Plaintiff entered into a lease agreement with the Defendant on March 9, 2015, setting the lease deposit of KRW 15,000,000, monthly rent of KRW 1,500,000 (excluding value-added tax), monthly management fee of KRW 400,000 (excluding value-added tax), monthly management fee of KRW 40,000 (excluding value-added tax), and the lease agreement (hereinafter “instant lease agreement”) from April 9, 2015 to April 8, 2017, while entering into the instant lease agreement with the Defendant, the Plaintiff may terminate the lease agreement without paying monthly rent and management fee if the overdue interest reaches the rent of two years.

Furthermore, we examine whether the Plaintiff, a lessor, transferred the store of this case to the Defendant, the lessee.

In full view of the statements in Gap's evidence 3 through 6, Eul evidence 1, Eul evidence 4-5, Eul evidence 5-1 through 3, and Eul evidence 5-1 through Eul evidence 5-3 and the purport of the whole pleadings in the testimony of the witness Eul on March 9, 2015, the plaintiff entered into the instant lease agreement with the defendant under the status of the former lessee C, and the plaintiff notified Eul of the conclusion of a new lease agreement with the defendant as to the instant store around March 10, 2015, and paid the remaining lease deposit amount of KRW 6,33,960 after settling the overdue rent, etc. with the defendant around April 10, 2015, Eul paid the deposit amount of KRW 6,33,960, which was paid to the defendant on April 10, 2015, after the plaintiff was refunded the deposit money from the plaintiff to the defendant, the plaintiff completed the contract with the defendant to sell and sell the instant store with the third party.

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