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(영문) 대구지방법원 2015.07.14 2015가단3720
건물명도등
Text

1. The defendant shall be the plaintiff.

A. From 50,00,000 won to 50,000 won, among the first floor of the building listed in the separate sheet from June 10, 2015.

Reasons

1. The building for lease of this case was owned by the Plaintiff, and C, the representative director of the Plaintiff, operated the frequency of the building.

On February 25, 2011, when transferring the said frequency to D, the Plaintiff entered into a lease agreement with the term of lease from February 28, 2011 to February 27, 2013 on the instant building for lease purpose, setting the lease deposit amount of KRW 50 million, and received KRW 25 million from D with the frequency of house fixtures, etc. As a special terms and conditions of the lease agreement, the Plaintiff stipulated that “non-property rent shall not be claimed by the lessor (the facility cost shall not be transferred to any other person).”

Since then, D, which operated the frequency collection, has become difficult to operate due to traffic accidents, the Plaintiff entered into a lease agreement with the term of lease from June 10, 2011 to June 9, 2013, setting the lease deposit amount of KRW 50 million, monthly rent of KRW 2750,000 (including value-added tax).

On May 30, 2011, the Plaintiff prepared a “ receipt” stating that “34 million won is stipulated as the installation of a septic tank and facility costs of the building for the purpose of the lease of this case,” and issued it to the Defendant.

After that, E and the Defendant operated a house in the instant building for lease purposes, and the Defendant operated the house with a mixed frequency. On January 11, 2012, the Plaintiff and the Defendant concluded a lease agreement with the same content as the said lease agreement concluded with E, namely, from June 10, 201 to June 9, 2013, with a lease deposit amount of KRW 50 million, monthly rent of KRW 2,750,000 (including value-added tax).

All of the lease agreements entered into with E and the Defendant that “if a lessee fails to pay rent more than twice consecutively, a lessor may terminate the contract immediately” and “the lessee shall pay the lessor the amount of money transferred to the lessor with the cost of facilities and equipment and the amount of money paid for additional installation of a septic tank and the cost of additional installation of a septic tank, the lessee shall be entitled to operate the lease to a third party.

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