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(영문) 수원지방법원여주지원 2020.01.16 2019가단53681
건물명도(인도)
Text

1. Defendant C shall deliver to the Plaintiff the building indicated in the attached list.

2. Defendant B and C shall jointly serve as the Plaintiff on January 2, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff requested the Defendant D to mediate the lease of KRW 5 million and monthly rent of KRW 400,000 for the building indicated in the attached list (hereinafter “instant building”). In order to eliminate the inconvenience of the Plaintiff’s users to find as the restaurant operated by the Plaintiff, the Plaintiff placed the key to the instant building to the said Defendant for the purpose of displaying the instant building to the lessee.

Defendant D received a request for the lease brokerage from Defendant B and delivered the key to the building of this case to the said Defendant without accompanying the said Defendant, and examined the said building.

B. However, Defendant B deposited KRW 300,000 as a provisional contract deposit with the Plaintiff on September 15, 2017 before the formation of the lease contract, and the director was the instant building with the key delivered from Defendant D.

C. On September 25, 2017, Defendant B entered into a lease agreement with the Plaintiff, setting the lease deposit amount of KRW 5 million, KRW 400,000 per month, and KRW 24 months, with respect to the instant building (hereinafter “instant lease agreement”). The instant lease agreement entered into a special agreement with the said Defendant as follows: “The Plaintiff is liable for waste at the time of directors. The amount below the construction cost of KRW 100,000 is paid by the lessor and exceeds KRW 100,000,000 is paid by the lessee.”

Defendant B did not pay the Plaintiff the remainder of KRW 4.7 million of the deposit under the instant lease agreement, and did not pay monthly rent.

E. On July 18, 2018, the Plaintiff filed a lawsuit against Defendant B and D stating that “Defendant B shall deliver the building indicated in the attached list to the Plaintiff, and the Defendants shall jointly and severally pay KRW 3,910,000 ( KRW 1,910,000,000, and KRW 2,000,000, and KRW 400,000,000,000,000, paid by the Plaintiff) and the amount of money calculated from September 25, 2017 to the time of delivery of the building” (this Court Decision 2018Da4224). The Plaintiff and the aforementioned.

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