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(영문) 서울북부지방법원 2018.08.16 2017가합22791
건물명도청구 등의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 198,203,792 and the interest rate of KRW 15% per annum from September 19, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On June 1, 2008, the Plaintiff entered into a lease agreement (hereinafter “the first lease agreement”) with C (hereinafter “C”) on the lease deposit amount of KRW 300 million, monthly rent of KRW 13 million, and the term of lease from June 15, 2008 to June 30, 2012 with respect to Pdco 90.3 square meters (hereinafter “instant real estate”).

B. Around June 2012, the time when the first lease contract was terminated, the Plaintiff entered into a lease agreement (hereinafter “second lease agreement”) with C by setting the lease deposit of KRW 150 million with respect to the instant real estate as KRW 150 million, monthly rent of KRW 15 million (excluding additional tax and management expenses), the lease term from July 1, 2012 to June 30, 2017.

C. On June 18, 2013, E assumed office as the representative director of C, and established the Defendant on August 20, 2013, and became the representative director of the Defendant.

C sent to the department of the F Hospital general affairs, the document of the title “C’s separate corporation’s establishment process, operation policy, and business cooperation request case,” stating that “C’s separate corporation is requested to cooperate with the Defendant as follows: (a) on March 3, 200, all of the claims and obligations with the F Hospital and details thereof shall be valid and succeeded to without any problem at all,” and attached the Defendant’s business registration certificate, the full registration certificate, and the complete registration certificate.

The Plaintiff, around September 2013, determined that the lease deposit was KRW 150,000,000 per month and KRW 15,000,000 per month ( separate from additional taxes and management expenses) with respect to the instant real estate as at the same time as the secondary lease contract, and the lessee is changed to the Defendant in the previous C, the time of the lease deposit was the date of opening the business on September 10, 2013, which is the date of opening the business on the Defendant’s business registration certificate, and the termination date was the same as the second lease contract as at June 30, 2017.

AB concluded the agreement.

E. On September 18, 2017, the Plaintiff terminated possession of the instant real estate.

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