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(영문) 서울중앙지방법원 2019.02.08 2018나13867
건물(점포)명도 등
Text

1.The judgment of the first instance, including the claims of the Defendant’s Intervenor added at the trial, shall be modified as follows:

Reasons

1. Basic facts

A. Ground of the previous lease 1) Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”)

(A) around March 5, 1991, the building listed in the separate sheet No. 1 (hereinafter referred to as the “instant building”).

(2) On April 21, 2004, the Plaintiff concluded a lease contract with 100,000,000,000 won for the lease deposit, and 7,00,000,000 won for the entire part of the building of this case as well as 72,00,000 square meters for the parking lot of the first floor, 15,000 square meters for the building of this case, among the building of this case, and the building of this case. The Plaintiff agreed to remove the facility partitions and other structural alteration facilities attached to the lessee at the lessee’s expense and restore them to the original state at the time of the conclusion of the contract.

3) On August 3, 2004, I operated the instant building by changing the name of the instant building to K and operated the play school. On or around August 3, 2004, C Co., Ltd (the representative I; hereinafter “C”).

(4) On April 13, 2011, C established a lease agreement with the Plaintiff and the instant building, with respect to the entire three floors of which are 248.79 square meters and the part of the building indicated in the annexed drawing Nos. 2 (hereinafter “the leased object of this case”), with respect to the lease term from May 17, 2011 to May 16, 2013, and the lease deposit amount of KRW 140,000,000 (Additional Tax), and the rent of KRW 10,000,000,000 (Additional Tax), with respect to other structural alteration facilities attached to the lessee, the lease agreement was concluded to remove the partitions for the facilities attached to the lessee at the lessee’s expense and restore the leased object to its original state at the time of conclusion of the contract (if acquired from the former lessee, at the time of lease).

5) As the representative director of C, I transferred all rights to the said play school to L head office with the consent of the Plaintiff, and received the amount of deposit amount from the head office. Accordingly, on November 15, 2013, he resigned from C’s representative director, and on the same day, M was appointed as the representative director of C (I transferred L’s stocks to M).

6) F) F L.W. on December 2013.

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