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(영문) 의정부지방법원 고양지원 2018.09.19 2017가단89014
임료 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 30, 2013, C Co., Ltd. (hereinafter “C”) purchased land D and E and newly built a commercial building (hereinafter “instant building”) on the said ground (hereinafter “instant building”). On July 23, 2014, the instant building was sold to Korea Labor Service Asset Management Co., Ltd. (hereinafter “Nonindicted Company”).

B. Around July 2016, Nonparty Company entrusted the instant building to Han Bank (Entrusted Business Department). On July 4, 2016, Han Bank Co., Ltd. leased the instant building to the Plaintiff with a deposit of KRW 1 billion, annual rent of KRW 350 million, annual rent of KRW 350 million, and five years from the same date.

(hereinafter “instant lease agreement”). C.

On December 9, 2016, the Plaintiff drafted a sub-lease contract with the effect that the Plaintiff subleases the instant commercial building of 209.43 square meters (hereinafter “instant commercial building”) from among the second floor 1,396 square meters of the instant building without a deposit to the Defendant during the period from February 1, 2017 to July 3, 2021 (hereinafter “the instant sub-lease contract”); and the Defendant did not pay the Plaintiff a car at all.

[Grounds for Recognition: Evidence No. 1, 2, Evidence No. 16, and the purport of the whole pleadings]

2. Assertion and determination

A. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the rent of 3,4650,000 won (4.950,000 won x 7) for seven months from February 1, 2017 to the Plaintiff, as the Plaintiff seeks.

B. 1) The Defendant’s defense of this case’s sub-lease contract of this case is null and void as the Plaintiff’s actual representative is to operate a brokerage business from the second floor of G and the building of this case to operate a brokerage business, and the business registration is to lend the name of another person, and thus, it is deemed null and void as a formal conspiracy for business registration. 2) The judgment of Gap’s 5, 11, 12 evidence, and Eul’s 1 to 1.

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