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(영문) 수원지방법원 2017.11.30 2017나66879
건물인도 등 청구의소
Text

1. The part against Defendant C among the judgment of the first instance court is revoked, and the Plaintiff’s claim against Defendant C is dismissed.

2...

Reasons

1. Basic facts

A. On October 19, 201, the Plaintiff entered into a lease agreement with Defendant B to pay, in advance, the real estate listed in the separate sheet (hereinafter “instant building”) to Defendant B as KRW 30,000,000, and the lease term from December 10, 201 to December 9, 2021, and KRW 11,000,000 (including value-added tax) for the monthly rent from December 10, 201 to December 9, 2021. The first rent is exempted from the first month, and the lease agreement was concluded to pay in advance on January 11, 2012 to the 10th day of each month (hereinafter “instant lease agreement”).

B. In order to make business registration under the name of Defendant C with respect to the business of the instant building, Defendant C demanded the Plaintiff to prepare a lease agreement again on the instant building in the name of Defendant C, and on May 10, 2013, the Plaintiff prepared and implemented a lease agreement with the lessee as Defendant C.

C. The Plaintiff transferred the instant building to Defendant B in accordance with the instant lease agreement, and Defendant C completed the business registration of the instant building.

On the other hand, as between September 4, 2012, Defendant B entered into a sublease contract with Defendant D with the content that the second floor of the instant building (hereinafter “second floor of the instant building”) shall be 30,000,000 won in sublease deposit, from October 20, 2012 to October 19, 2014 during the sublease period, and the monthly rent shall be 2,50,000 won in each month until January 20, 2013 and 3,00,000,000 won in each month from February 20, 2013 (hereinafter “instant sublease contract”).

E. Around that time, Defendant D operated a sports center with the second floor of the instant building transferred from Defendant B.

F. Since Defendant B paid KRW 7,00,000 to the Plaintiff on September 13, 2016, Defendant B did not pay that amount until now. As of November 9, 2016, Defendant B’s overdue overdue charge is KRW 147,324,000.

[The sum of rent = 638,00,000 won by November 9, 2016 = 11,000,000 won x 58 months.

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