(영문) 의정부지방법원 2019.05.16 2018나207190

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(영문) 의정부지방법원 2019.05.16 2018나207190

건물명도 등

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1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is subject to KRW 29,384,463.

Reasons

1. Facts of recognition;

1. The name of the business operator of the sublessee (F, his/her father and wife) shall be maintained as it is;

All goods and rights in the store in this case from the date of the sub-lease shall have the sub-lease.

2. The revenue of a livestock product sales store shall be managed by direct receipt of the passbook from which the revenue of the card is deposited, and the revenue of the store card shall be replaced by monthly income by the settlement of accounts;

3. The period of sub-lease shall be at least three years, and the period of sub-lease shall be extended to allow the lessee to perform funeral services on the condition that the lessee wishes to arrange only or inevitably fails to lease the land, and the amount remaining after subtracting the amount equivalent to the period of funeral calculated on a three-year basis from the time of such settlement shall be settled by calculating the premium of KRW 55 million and the invested amount from that time less the amount corresponding to the period of funeral service, and if the settlement is not possible within one month, the rent shall not be calculated until the additional compensation for the delayed period and settlement is made (hereinafter “instant settlement clause”).

On May 2, 2015, the Plaintiff: (a) lent the monthly rent of KRW 1.5 million; (b) from May 2, 2015 to June 1, 2016; (c) fixed the monthly rent of KRW 1.5 million; (d) the period from May 2, 2015 to June 1, 2016; and (e) concluded the following agreements with the Defendant:

B. On May 2, 2015, the Defendant paid G the premium of KRW 55 million to G, and began business at the instant store on the same day.

C. After that, as a dispute arises between the Plaintiff and the Defendant with respect to the payment of income tax, etc. imposed on F, the nominal owner of the instant store, F voluntarily reported the closure of business of the instant store on December 28, 2016, and the Defendant also suspended business around that time.

Meanwhile, the Defendant’s rent to the Plaintiff amounted to KRW 600,000, July 12, 2015.

유사 판례

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