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(영문) 서울남부지방법원 2017.01.19 2016가단19583
건물인도
Text

1. The defendant is paid KRW 20 million from the plaintiff (appointed party) and at the same time he is paid to the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff and Selected A (hereinafter collectively referred to as “Plaintiff, etc.”) concluded a lease agreement (hereinafter referred to as “the first lease agreement in this case”) dated October 24, 201, which was concluded between October 23, 2011 and October 23, 2013, which was leased between the Plaintiff and the Plaintiff and the Plaintiff and the Plaintiff (hereinafter referred to as “the Plaintiff, etc.”) as well as KRW 165,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 from October 24, 2013 to October 23, 2015, the lease agreement was concluded by each of the following two parties (hereinafter referred to as “the second lease agreement”).

B. On March 22, 2014, the Plaintiff, etc. entered into a lease agreement with the Defendant (hereinafter “instant third lease agreement”) with a deposit of KRW 20 million, KRW 1650,000 per month, and the period from March 24, 2014 to October 23, 2015 (hereinafter “instant third lease agreement”). On October 2015, the Plaintiff, etc. entered into a lease agreement with each of the following terms (hereinafter “instant lease agreement”).

[Reasons for Recognition] Facts without dispute, Gap evidence 2-3 (the same as Eul evidence 1-2), Gap evidence 6-8 (the same as Eul evidence 1-1) and the purport of the whole pleadings

2. In full view of the facts of the judgment on the cause of the claim and the evidence mentioned above, Gap evidence Nos. 5-1, Gap evidence No. 9, 10, Eul evidence No. 3-2, and Eul evidence No. 3-3, and the fact-finding results on Guro-gu Tax Office, the defendant paid the down payment of 2 million won of the initial lease contract of this case on August 25, 201, and the first lease contract of this case on the condition of this contract that "the first lease contract of this case is transferred to a third party due to the lessee's inevitable circumstances, the deposit amount of KRW 30 million shall be KRW 1.7 million, as the condition of this contract.

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