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(영문) 서울북부지방법원 2020.04.24 2018가단148945
건물명도(인도)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building indicated in the attached Form (hereinafter “instant building”).

B. On August 14, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on the second floor of 96.44 square meters (hereinafter “D”) and the third floor of 96.44 square meters (hereinafter “E”), with respect to the lease deposit of 20,000,000 won, from August 14, 2015 to August 13, 2017, and the monthly rent of 1,60,000,000 won (excluding value-added tax) and the subsequent rent of 14th day of each month; and Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with the lessor on the condition that if the lessee does not pay three occasions, the lease agreement may be terminated. From that time to that time, Defendant B, “F-O” in subparagraphs d and e.

C. On July 9, 2016, Defendant B requested on the ground that Defendant B had engaged in the business with Defendant C to prepare a lease contract with Defendant C as it is. On July 9, 2016, the Plaintiff prepared each lease contract regarding subparagraph D with Defendant B on July 9, 2016, and each lease contract regarding subparagraph D was entered into between Defendant B and Defendant C on August 13, 2017. Each of the lease periods was entered as “by August 13, 2017,” and the monthly rent was entered as KRW 800,000 ( separate value-added tax). The lease deposit was written as KRW 20,00,000 in the contract under subparagraph E, but the contract under subparagraph (d) was not written.

On August 14, 2017, the Plaintiff renewed the instant lease agreement on No. D and E with the Defendants, and upon Defendant B’s request, the contracting owner under the instant subparagraph was the husband of Defendant B, and the lease deposit amount of KRW 20,000,000 was changed to KRW 1,00,000 for each monthly rent for No. D and E, and the management fee was set at KRW 20,000 for No. 4 and E, respectively.

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