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(영문) 서울중앙지방법원 2017.06.23 2016가단5269110
건물명도
Text

1. The Defendant received KRW 50,000,000 from the Plaintiff, and at the same time received from the Plaintiff, the third floor of the real estate indicated in the attached Table.

Reasons

1. Basic facts

A. On December 2, 2011, the Plaintiff entered into a lease agreement with C to lease the instant real estate by setting the deposit amount of KRW 50 million, KRW 50 million per month, and the period of February 5, 2014, and entered into a special agreement that the business guarantee period shall be five years from the date of the remainder payment (hereinafter “previous lease agreement”), and C paid the remainder and operated the mutual notification source as D’s “D” from February 5, 2012.

B. On March 14, 2015, C entered into a water supply contract with the Defendant’s husband, and C agreed to immediately return the down payment and the intermediate payment received by the transferor, after cancelling the contract, to E with the amount of KRW 270 million,000,000,000,000,000 for the same day and paying the remainder of KRW 30,000,000,000 on the same day. The transferor, based on the terms and conditions of the existing lease, shall make utmost efforts to conclude the lease contract with the owner to the maximum extent possible, and if the lease contract is not normally concluded or does not proceed, the rights and water supply contract shall be rescinded and the transferor shall return the down payment and the intermediate payment immediately.

(In practice, C's husband F, who actually operated the above Notification Board, was acting for C).

On April 10, 2015, the Plaintiff: (a) the Defendant leased the instant real estate as KRW 50 million until February 4, 2017; and (b) the Defendant returned the instant real estate to its original state upon the termination of the lease; and (c) concluded a lease agreement with the Plaintiff to return the bond upon the termination of the lease.

(hereinafter “instant lease agreement”). D.

Article 2 of the Special Agreement on the Lease Contract of this case stipulates that the period of business guarantee shall be five years from the date of the payment of the remainder is printed on a printer, and F is the agent of C as of April 10, 2015.

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