logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.04.27 2016가단14222
건물명도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On March 21, 2014, with respect to subparagraph 6 of subparagraph 2 and subparagraph 6 (hereinafter “instant store”) of subparagraph 3 of subparagraph 2 and Dong-gu Daejeon-gu Daejeon (Road Name Address Daejeon) (hereinafter “instant store”) owned by the Plaintiff, the Plaintiff leased the instant store to the Defendant by concluding a lease agreement ( deposit KRW 2,500,000, monthly rent KRW 300,000).

However, the Defendant did not pay KRW 5,700,000 for rent from August 21, 2014, and KRW 3,272,540 for electricity from September 25, 2014, and KRW 181,250 for water supply and sewerage charges from September 25, 2014, and KRW 190,00 for management expenses from September 21, 2014.

Therefore, the Defendant is obligated to pay the remainder of KRW 6,643,790, after deducting deposit 2,50,000, which was repaid on August 15, 2015, from the aggregate of the monthly rent and electricity charges, water supply and sewerage charges, and management fees, and KRW 9,343,790, which were unpaid to the Plaintiff.

B. The defendant did not conclude a lease contract with the plaintiff.

The defendant's senior E, a mother, prepared a lease contract in the defendant's name without the defendant's consent, and used the store of this case.

Therefore, the defendant is not obliged to pay the overdue rent to the plaintiff.

2. Determination

A. According to the statements in Gap evidence No. 2, Gap evidence No. 3, and Gap evidence No. 6-1 through No. 8, on March 21, 2014, the defendant entered the store of this case as lessee and entered the lease contract (hereinafter referred to as "the lease contract of this case") with the seal affixed to the defendant's name on the side of the defendant's name; the defendant is the business operator; the location of the store of this case is the location of the location; the opening date of the store of this case was registered as of April 24, 2014; the plaintiff's No. 200,500,000 won as defendant on March 21, 2014; and the deposit money of the plaintiff's No. 300,000,000 won on March 21, 2014; and KRW 30,000,000,000 on April 28, 2014; and

However, in light of the following circumstances, the Defendant prepared the instant lease agreement by itself.

or between the Plaintiff and the Defendant.

arrow