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Reasons
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(영문) 서울중앙지방법원 2016.01.19 2014가단250988
건물명도등
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of premise;

A. On May 11, 2010, the Plaintiff entered into a lease agreement with C, setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 1,400,000 (payment on May 30), and the lease period of May 11, 201 from May 11, 201 to May 11, 201.

(B) B. On the same day, the Plaintiff entered into a lease agreement that does not fit with the substantive relationship that leases the instant commercial building to KRW 60,000,000 without monthly rent. (C) On May 5, 2011, after acquiring the right to lease of the instant commercial building from C from May 5, 201, the Defendant applied for the order of lease registration on September 16, 2014 by applying for the order of lease registration on the following lease agreement (hereinafter referred to as the “lease agreement of May 31, 201”).

(1) The lease period of the commercial building of this case (4) from May 31, 201 to May 30, 2012: The date of concluding a contract: (1) on October 7, 2014, the Plaintiff and the lessee: (2) the rental deposit for the commercial building of this case was KRW 60,000,000 (payment on October 30, 201), and the lease period from October 7, 201 to October 6, 2019 (hereinafter “2 lease contract”).

E. On the other hand, the Plaintiff leased the instant commercial building from October 7, 2014 to October 6, 2019 on the same day under a side agreement with the Defendant for the second lease contract, as a deposit deposit deposit of KRW 60,000,000, monthly rent of KRW 300,000, and the lease period of KRW 500,000,000. However, the Defendant borrowed KRW 50,000 from the Plaintiff, but written a lease agreement that is inconsistent with the substantive relationship that is included in the details to be returned to the Plaintiff upon the termination of the lease.

F. The Defendant applied for the cancellation of the first order of lease registration on October 8, 2014, and applied for the lease agreement on May 31, 2011 on the same day.

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