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(영문) 의정부지방법원 2016.09.23 2016가단102450
건물명도 등
Text

1. The Plaintiff:

A. The Defendants are handed over the first floor of 129.9 square meters among the real estate listed in the attached list.

(b) Defendant B;

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence Nos. 1, 2, and 3, taking into account the whole purport of the pleadings.

On July 23, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, setting the lease deposit amount of KRW 10 million on the first floor, KRW 10 million on monthly rent, and KRW 15 million on the lease deposit (til October 28, 2015), among the real estate listed in the attached Table, with Defendant C, to lease the leased object of this case (hereinafter “instant lease agreement”).

B. Defendant C transferred the right of lease under the first lease contract of this case to Defendant B.

C. The Plaintiff entered into a lease agreement with B with the following content according to the Plaintiff’s acquisition of the right of lease under the first lease agreement of this case.

On July 29, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease deposit of KRW 10 million as to the instant leased object, KRW 1.5 million as monthly rent (including value-added tax), and KRW 1.1.5 million as of July 28, 2016 as the lease term of the instant lease object, with Defendant B (hereinafter “instant lease agreement”).

E. Defendant B paid only the monthly rent and KRW 800,000 on one occasion under the instant second lease agreement, and did not pay the monthly rent from September 29, 2015.

F. On October 29, 2015, the registration of the entry of the decision to commence compulsory auction on the subject matter of the instant lease was completed as the District Court DD on October 29, 2015

G. The Plaintiff filed an application for the suspension of compulsory execution with Seoul Northern District Court 2015Kadan280, and the Seoul Northern District Court issued a decision of the suspension of compulsory execution on January 12, 2016, and the said procedure is currently suspended.

H. However, even though the second lease contract of this case was concluded, Defendant C did not receive the cost of facilities related to the transfer of the right of lease from Defendant B.

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