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Reasons
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(영문) 인천지방법원 2017.03.07 2015가단48992
건물명도 등
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1. Defendant C received KRW 125,000,000 from the Plaintiff, and at the same time, submitted the building indicated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) On May 24, 2012, the Plaintiff is a building indicated in the separate sheet with Defendant B (hereinafter “instant building”).

(2) On June 11, 2012, the Plaintiff prepared a lease agreement (Evidence 1-1-2) with the content of the lease deposit KRW 125,00,000, and the term of lease from June 26, 2012 to June 25, 2014. (2) On the same day, the Plaintiff, at the request of the Defendants, prepared the lease agreement (Evidence 1-2) with the same content as that of the above 1-2 regarding the instant building as the lessee of the Defendant C, and the Defendant C obtained a fixed date on July 11, 2012 (hereinafter “contract under the above lease agreement”).

(B) B. Around June 2013, when the instant lease agreement is in force, Defendant C agreed to terminate the instant lease agreement early at Defendant C’s request, and Defendant C agreed to deliver the instant building to the Plaintiff on July 15, 2013 and to move into a new lessee on the same day. C) Accordingly, on June 19, 2013, the Plaintiff entered into a lease agreement with Nonparty D and the instant building by setting the lease deposit amount of KRW 150,000,000 (contract deposit of KRW 15,00,000,000 at the time of the contract, the remainder payment of KRW 135,00,000,000 at the time of the contract, from July 15, 2013 to July 14, 2015, and received KRW 15,000,000 on the same day.

2) On July 15, 2013, when Defendant C decided to deliver the instant building, the dispute arose between the Plaintiff and the Defendant C on the method of paying the lease deposit, and as a result, Defendant C did not deliver the instant building, and D, a new lessee, could not move into the instant building. 3) The said lease agreement was terminated between the Plaintiff and D. Accordingly, the Plaintiff paid D KRW 15,00,000 as penalty, KRW 3,000 as directors’ penalty, KRW 930,00 as brokerage fee, KRW 10,000,000 as well as KRW 19,030,000 as storage fee.

The plaintiff on April 6, 2015 and the same year

6. From July 2013, 2013, the aggregate of management expenses unpaid from around 15.2,403

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