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(영문) 울산지방법원 2015.08.21 2015가단1139
건물명도
Text

1. Defendant B, in turn, indicated in the separate sheet Nos. 1, 2, 3, 4, 5, and 1, indicated in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 4, 2008, Defendant B, the owner of the real estate listed in the separate sheet, set the lease deposit amount of KRW 30 million and KRW 950,000,000,000,000,000,000,000 won and the monthly rent of KRW 30,000,000,000,000,000,000 won connected to each point in sequence of 1,2,3,4,5, and 1,000,000,000,000,000,000 won.

B. At the time, Defendant B borrowed KRW 30 million from Defendant C to pay a lease deposit, and prepared a lease contract with Defendant C (hereinafter “instant one contract”) under the name of the lessee of the lease contract for the instant commercial building. Defendant C had a restaurant registered as the place of business and operated a restaurant under Defendant C’s name.

C. When Defendant B was able to make a business registration under his/her name on March 4, 2013, Defendant B prepared a lease agreement with the Plaintiff, setting the lease deposit amount of KRW 30 million (substitute with the lease deposit of this case), monthly rent of KRW 1,300,000, and the lease term of the instant commercial building as from March 4, 2013 to Defendant B (hereinafter “instant two agreement”), and registered a restaurant with the instant commercial building under Defendant B’s name as its place of business on July 1, 2013.

Defendant B was engaged in restaurant business in the instant commercial building from November 4, 2008 to September 2014, and the location of Defendant B was unknown, and Defendant B did not pay rent after September 4, 2014 to the Plaintiff.

E. A creditor against Defendant B filed an application for a compulsory auction for corporeal movables, such as a cooling house owned by Defendant B, within the instant commercial building, and on January 28, 2015, D, the Plaintiff’s fraud, was awarded a successful bid at the auction date, and then replaced the key of the entrance door of the instant commercial building.

Grounds for recognition: Facts without dispute;

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