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(영문) 서울고등법원 2015.03.19 2014나31648
건물퇴거 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff who falls under the following order against the defendant B:

Reasons

1. Facts of recognition;

A. (1) Defendant B recommended the Plaintiff to open and operate a 7080 Raba Pream on the instant real estate, and the Plaintiff would pay the proceeds therefrom while managing the Si facilities and the lease deposit. (2) On October 6, 2009, the Plaintiff entered into a lease contract with the F, the owner of the building indicated in the attached Table, and the third floor of 188.75 m2 (hereinafter “instant real estate”) among the buildings listed in the attached Table list, with the lease deposit amount of KRW 70 million, the monthly rent of KRW 170,000,000, and the monthly rent of KRW 2,580,60,000, including monthly rent, management fee, water supply tax, value-added tax, and the period of lease from October 6, 2009 to November 30, 2010.

According to the witness testimony of the first instance court H, although the date of preparation of the lease contract (No. 4 of 2007) was doping "O. 30,000,000 won, it is recognized that the lease contract was made on October 2009) was made directly to F. The plaintiff paid 70,000,000 won of the lease deposit to F. The amount of 100,000 won was granted to Defendant B for the purchase cost of musical instruments and the installation cost of recording equipment, and then delivered the instant real estate to Defendant B. Meanwhile, the defendant B lent the lease contract under the name of Defendant C, which is a female-friendly business partner, and its business registration and the date of business registration as of December 2, 2009, the lease contract was made in the name of 30,000 won, 100,0000 won, 10,0000 won, 10,0000 won, 10,0000 won, 10.6,70100.

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