logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.12.07 2016나312859
건물명도 등
Text

1. Upon receiving a claim for change in exchange at the trial, the defendant shall be jointly and severally with the co-defendant C of the first instance trial.

Reasons

1. Determination as to the cause of claim

A. According to the facts that there is no dispute between the parties to the facts of recognition, and the purport of Gap's statements and arguments as to Gap's evidence 1 to 3 and 6, the following facts may be acknowledged:

(A) On April 4, 2011, the Plaintiff and the co-defendant C of the first instance trial jointly with the Defendant (hereinafter referred to as “L”) have forged the evidence No. 3. However, as examined in Section 2. A(a) below.

(2) The term “the portion of the property tax (land and building portion) on entertainment business” under a special contract is set at KRW 50 million, monthly rent of KRW 1.6 million, and the period from April 5, 2011 to April 4, 2013. The Defendants bear KRW 400,000,000 after subtracting the deposit amount of KRW 10,000,000 from the date of the contract, shall be paid in installments each month, but the interest calculated on KRW 2 per month shall be paid in advance until the full payment is made (hereinafter “the instant lease agreement”).

(2) On April 5, 2011, the Plaintiff delivered L to the Defendant and C.

3) Since the Defendants, who had been engaged in business since L, did not pay the above rent of KRW 1.6 million for each month, KRW 4 million for property tax, KRW 800,000 for interest on unpaid bonds, and KRW 2.8 million for total amount of KRW 2,80,000 for use and profit of L (the above three items have both substance as consideration for L’s use and profit, and thus, the above items are deemed to be “rent.”

A) Around March 5, 2013, the Plaintiff notified the Defendant and C that the above lease agreement would be terminated on the grounds of overdue rent for more than three (3) years, and the above notification was delivered around that time. However, around December 6, 2013, the Plaintiff notified the Defendant and C of the termination of the lease agreement.

5 C delivered L on December 15, 2016 to the Plaintiff.

B. According to the above facts of recognition, the instant lease was terminated by December 6, 2013.

Therefore, the defendant is jointly and severally with the above C, and the defendant delivered L from March 6, 2013 to the plaintiff on December 2016.

arrow