(영문) 서울동부지방법원 2017.06.15 2016가단116467

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(영문) 서울동부지방법원 2017.06.15 2016가단116467

건물명도

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C is the representative director of D Co., Ltd. (hereinafter “D”), E is the wife of C, and the Plaintiff is the wife of C.

Defendant is F’s wife

(hereinafter referred to as "the plaintiff's side" in total of C, E, and the acts of the defendant and F shall be referred to as "the defendant's side."

C around May 13, 2013, G used the leased portion of this case as KRW 40 million in the name of the Plaintiff, KRW 1.1 million in monthly rent (excluding value-added tax), and the leased period from May 30, 2013 to May 26, 2015 in the name of the Plaintiff and used it as D’s office. The F used one column of the leased portion without compensation under C’s consent.

C. C was under criminal trial on November 27, 2013 while the construction work of a multi-household building was newly constructed in Dobong-gu Seoul Metropolitan Government H and Gwangjin-gu I and transferred the construction cost received from some building owners to another construction site.

Accordingly, the plaintiff requested F to lend the construction cost to F so that it can complete the construction site and to lend C's attorney-at-law fees.

F secured the claim for the refund of the lease deposit of the leased object of this case between the Plaintiff and the Plaintiff, the Plaintiff lent KRW 20 million to the Plaintiff side in terms of the cost of attorney appointment, etc., but the name of the lessee of the leased object of this case was changed to the Defendant.

At the time, the plaintiff paid the above KRW 20 million to F immediately after the release of C, and the F repaid the above KRW 20 million to F, and immediately returned the name of the tenant under the name of the defendant to the name of the plaintiff. D.

The Plaintiff, E, F, and Defendant leased the leased portion of this case under the same conditions as that of the above lease agreement with the lessor, and prepared a lease agreement with the lessee under the name of the Defendant.

On the other hand, G demanded the payment of overdue rent and delinquent tax before preparing a lease contract to change the tenant's name.

Accordingly, F shall lend 20 million won to the plaintiff.

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