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(영문) 대구지방법원 2018.01.12 2016가단126224
건물명도
Text

1. The defendant

A. Each point of the attached Form 1, No. 48, 49, 30, 31, and 48 on the ground of 59 square meters prior to Gyeongsan-si.

Reasons

1. Facts of recognition;

A. On March 28, 2010, the Plaintiff and the Defendant, and the Plaintiff’s order 1-A

A lease contract was concluded with the condition that part of the building as stated in the port (hereinafter referred to as “instant building”) is leased with a deposit of KRW 3 million, monthly rent of KRW 300,000,000 from April 15, 2010 to April 14, 2012. Around April 2011, the agreement was concluded to lease the entire building of this case with a monthly rent of KRW 500,000,000,000 on May 18, 2012, adding a deposit of KRW 8,000,000,000,000, monthly rent of KRW 600,000,000, and the lease term is extended from May 18, 2012 to May 17, 2015.

B. However, the Defendant did not pay the rent under the above lease agreement, and the Plaintiff requested the Defendant to pay the rent in arrears several times after May 2015, which is the expiration date of the lease term.

C. Around April 2016, the Plaintiff decided to renew the lease contract with the Defendant through Dong Jae H at the end of the consultation on the renewal contract with the Defendant, and the Defendant, using his father I’s account, transferred KRW 7 million to the account under the name of his wife J on April 21, 2016, KRW 500,000 to the account under the name of his wife J on deposit money, respectively, and paid KRW 50,000,000 to H in cash.

On May 21, 2016, H and the Defendant, who represented the Plaintiff, prepared a lease agreement with the terms of the lease that sets the deposit amount of KRW 8 million, monthly rent of KRW 650,000,000 for the instant building, from May 21, 2016 to May 21, 2018.

(hereinafter “instant lease agreement”). D.

Under the instant lease agreement, the Defendant occupied the instant building and used it and profit therefrom, and paid the Plaintiff a total of KRW 700,000,000 to the Plaintiff via J on May 12, 2016, KRW 100,000,000 on June 3, 2016, KRW 200,000 on June 14, 2016, and KRW 200,000 on August 3, 2016.

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