(영문) 서울서부지방법원 2016.08.16 2015가단9083

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(영문) 서울서부지방법원 2016.08.16 2015가단9083

건물인도등

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1. Defendant D’s KRW 92,071,232 as well as 5% per annum from November 17, 2015 to August 9, 2016.

Reasons

1. Conclusion of the first lease contract in this case; and

A. The Plaintiff is the owner of the five-story building in Yongsan-gu Seoul Metropolitan Government, and the Plaintiff’s office with the fourth 263.39 square meters of the above building (hereinafter “instant real estate”) and the five-story of the above building was the part of the unauthorized building, each of which was illegally expanded.

The plaintiff completed the test with approximately KRW 200,000 in order to conduct a marina business in the real estate of this case.

B. However, as the Plaintiff was unable to directly conduct a marina shop, on February 24, 2014, the Plaintiff concluded a lease contract with Defendant B and C (Defendant B is the mother of Defendant D, Defendant C is the seat of Defendant D) for a period of five years from March 5, 2014 to March 4, 2019.

(hereinafter “the first lease contract of this case”).

On the same day, the Plaintiff entered into a contract with Defendant D to pay the Plaintiff the royalty of KRW 5,00,000 each month in addition to the monthly rent.

The second lease contract and facility use contract of this case are concluded.

D. After the conclusion of the first lease agreement of this case, Defendant D began to conduct the business registration under the name of Defendant B and C, and to operate the Marina shop with the trade name of “F” in the real estate of this case, and as long as the Plaintiff failed to make a demand for re-preparation of the lease agreement due to tax issues.

E. Accordingly, the Plaintiff and Defendant D entered into a new lease agreement with the following terms: (a) the lease deposit amount of KRW 60,000,000; (b) the lease period of KRW 5 years from March 5, 2014 to March 4, 2019; and (c) the monthly rent of KRW 8,000,000 (in addition, after payment).

(hereinafter “the second lease contract of this case”). On the same day, Defendant D added the fee of KRW 1,00,000 to the Plaintiff.

유사 판례

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