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Reasons
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(영문) 광주지방법원 2018.04.27 2017나5323
건물명도 등
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. On February 5, 2013, the Plaintiff entered into a contract with the Defendant on the lease deposit amounting to KRW 15,00,000, KRW 1,550,000 per month of rent, and KRW 1,50,000 per month of rent, and the lease term from March 10, 2013 to March 10, 2016 (hereinafter “instant lease contract”). Around March 10, 2013, the Plaintiff handed over the instant real estate to the Defendant.

B. From March 2013, the Defendant discontinued a restaurant business on the instant real estate, and the Plaintiff, a co-defendant at the first instance trial, filed a claim against B for the extradition of the instant real estate, and a claim for restitution of rent and unjust enrichment against the Defendant, respectively. The first instance court accepted only the Plaintiff’s claim against B, and only the Plaintiff appealed.

B (hereinafter “B”) from February 2014, after engaging in restaurant business in the instant real estate from around February 2014, the business was suspended around September 2014.

C. Around December 2014, the Plaintiff drafted a lease agreement with E, the husband of the instant real estate, which is KRW 10,000,000 for the lease deposit, KRW 1,000 for the rent, KRW 1,000 for the rent, and KRW 1,00 for the lease term from December 14, 2014 to December 14, 2015.

The money that the Plaintiff received from the Defendant, E, etc. in relation to the instant lease agreement is as listed below.

Defendant 2,00,00 on February 6, 2013: Defendant 12, 4,00 on March 12, 2013; Defendant 4,00,00 on April 14, 2013; Defendant 4,050,00 on May 14, 2013; Defendant 5, 1,50,00 on June 1, 10, 2013; Defendant 6,50,00 on June 1, 20, 200 on July 11, 2013; Defendant 1,50,000 on July 1, 201, 200 on July 11, 2013; Defendant 1,50,000 on August 1, 201, E-1, 2003; and 3,01,00 on May 10, 2014;

(2) Each entry and the purport of the whole pleading

2. The assertion.

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