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(영문) 창원지방법원 2017.11.01 2017나2766
건물명도 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 15, 201, the Plaintiff: (a) leased the instant store owned by the Plaintiff to C without any deposit; (b) fixed the period from March 15, 2011 to June 15, 201 (hereinafter “instant lease agreement”); and (c) handed over the instant store to C.

B. The husband D of C and C agreed on April 16, 2013 to transfer the right of lease under the instant lease agreement (hereinafter “the right of lease of this case”) to the Defendant, while selling and selling the said E business license to the Defendant on April 16, 2013.

C. The Defendant, upon the transfer of the instant right of lease, transferred the instant store to the Plaintiff’s account from May 2013 to October 2016, 300,000 won per month, from May 2013 to October 2016.

Meanwhile, while using the instant store, the Defendant paid the management expenses from April 2013 to May 2014 to the G Building Building Building Building Building Building Building Building Building Store, the managing body of the instant real estate (hereinafter “Standing Building Store”) but did not pay the management expenses from June 2014 due to a dispute over the management expenses.

E. Accordingly, on April 21, 2015, the commercial name association filed a lawsuit against the Defendant to claim management expenses from the Changwon District Court 2015da1619, Changnam District Court 2015 to March 2015. As to this, the court rendered a judgment of the first instance that the said court shall pay 1,40,053 won for unpaid management expenses from June 17, 2014 to March 2015 and damages for delay calculated at the rate of 15% per annum from May 16, 2015 to February 17, 2016 (hereinafter “the final judgment of this case”).

The defendant appealed against this Court No. 2016Na1605, but the above court filed an appeal on May 30, 2016.

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