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(영문) 서울고등법원 2016.01.08 2015나24104
건물인도 등
Text

1. Of the part concerning the principal lawsuit of the judgment of the court of first instance, the part concerning the request for delivery of a building and the claim for damages, 204,66.

Reasons

1. Basic facts

A. On May 22, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) between C and C as to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), with a deposit of KRW 100,000,000, monthly rent of KRW 9,000,000 (payment on June 10, 200), and the lease agreement between June 10, 2012 and June 9, 2017, and entered the following special terms in the lease agreement:

(hereinafter “instant special agreement”). According to the instant lease agreement, the Plaintiff delivered the instant real estate to C, and C paid the said security deposit to C.

Considering the construction period of the lessee, the rent for the first three months is fully exempted.

From 13th month (paid on July 10, 2013) to KRW 100,00,000 and KRW 1,000,00 for rent (excluding value-added tax), total deposit shall be KRW 200,000,00 for rent, and total rent shall be KRW 10,000 for rent (excluding value-added tax).

B. C had a classical construction to operate a postnatal care center on the instant real estate. Around December 2012, it was found that it was impossible to install a classical floor under relevant statutes in the process of reporting the establishment of a postnatal care center, and thereafter, C had closed the classical construction and filed a report on the establishment of the classical part, and then had the Postnatal Care Center opened only before before February 2013, 2013.

C. The Defendant, as a corporation established on March 5, 2013, whose main business is to run a postnatal care center business, was registered as a in-house director. The instant real estate was closed around February 2014 while operating the said postnatal care center, and had facilities installed at the same time. On August 25, 2015, various houses in the said postnatal care center were sold to I at the auction procedure for corporeal movables.

C’s referred D is the Defendant’s actual manager, and E was from February 2, 2013 to December 2013, 2013 as the president of the Postnatal Care Center.

The plaintiff on September 2013.

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