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(영문) 서울북부지방법원 2017.11.21 2017가단106128
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 a building with five-story neighborhood living facilities, which is a 5-story building of reinforced concrete structure E in Seoul Jung-gu.

B. On March 17, 2013, between Defendant B and his mother C, the Plaintiff entered into a lease agreement between Defendant B and his mother on the entire commercial building on the first floor of the said building (hereinafter “instant commercial building”) with the lease deposit of KRW 4 million, the lease deposit of KRW 12 months from April 30, 2013 to April 29, 2014, and the monthly rent of KRW 1.5 million (excluding value-added tax).

C. On April 2013, the Plaintiff prepared a lease agreement with Defendant B, stating the date of the agreement with the police officer, “C”, “B”, “part of 72.21 square meters of the instant commercial building,” “35 million won of the instant commercial building,” and “35 million won of the deposit for lease,” and “12 months from April 30, 2013 to April 29, 2014, and one million won of the monthly rent (excluding value-added tax), and prepared a separate lease agreement between the police officer and the Plaintiff on April 17, 2013, “C”, “C’s name,” and “5 million won of the instant commercial building,” “5 million won of the deposit for lease,” “5 million won of the deposit for lease,” and “5 million won of the deposit for lease from April 30, 2013 to April 29, 2014 (excluding value-added tax).

E. On April 16, 2013, B registered the business of which the trade name is “F” in the instant commercial building, and C transferred the business of which the trade name is “G” on May 22, 2013 to the instant commercial building, and registered the business of which the trade name is changed.

F. On August 31, 2015, the Plaintiff and Defendant B drafted a lease agreement between the Plaintiff and Defendant B, stating that “part 39.5 square meters of the instant commercial building,” “five million won of the lease deposit,” “five million won of the lease deposit,” and the term of the contract from August 31, 2015 to August 30, 2016, with the monthly rent of 500,000 won (excluding value-added tax).

G. D on September 7, 2015, registered a new business with the trade name “G” in the instant commercial building.

[Identification Evidence] Evidence Nos. 1, 2, Eul Nos. 1 through 7, Eul Nos. 9 and 10, witness H's testimony, and the purport of the whole pleadings.

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