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(영문) 창원지방법원 2017.07.13 2016가단106400
건물명도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The ownership-related B completed the registration of ownership transfer on December 5, 2013 with respect to 101 Changwon-si C building 101 (hereinafter “instant real estate”). On March 24, 2015, D sold the said real estate to D on December 20, 2015, and D completed the registration of ownership transfer on May 20, 2015 by receipt of the same court.

B. 1) B between E and E on May 10, 2014, the instant real estate is 28 square meters out of the instant real estate (hereinafter “instant store”).

As to the lease deposit, a lease agreement was made with the content of KRW 200,000,000 per month of rent, KRW 1,50,000 per month, and the term of lease from May 20, 2014 to December 19, 2018 (hereinafter “previous lease agreement”).

(2) The Defendant, based on the above written consent, has operated the real estate brokerage office in the name of “G real estate” at the instant store, based on the following written consent.

The indication of real estate: The lessor and the lessee accept the use of the building for the above real estate in this case.

A. A lessor: A 3) On May 20, 2015, after acquiring the ownership of the instant real estate, D entered into a lease agreement between the Plaintiff and the Plaintiff with the terms of KRW 200,000,000, KRW 1,500,000 per month of rent, and KRW 5,000 from June 5, 2015 to June 5, 2020 (hereinafter “instant lease agreement”).

(3) As to the special agreement of the instant lease agreement, the Plaintiff and E entered the following: “(i) the deposit for lease on a deposit basis is H company and G real estate deposit; and (ii) the deposit for rent on a monthly basis is to be deducted from the unpaid monthly rent.” (iii) The Plaintiff and E’s legal relationship 1) on December 14, 2015:

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