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(영문) 대전지방법원 2015.08.27 2014가단30251
건물명도 등
Text

1. The Defendants shall receive KRW 61,374,380 from the Plaintiff, and at the same time real estate stated in the attached Form to the Plaintiff.

Reasons

1. Basic facts

A. On March 7, 2011, the Defendants operated a restaurant with the name of “H”, which is leased by Nonparty F and G on the attached real estate (hereinafter “instant real estate”) from Nonparty F and G, from May 23, 201 to May 23, 2014, from May 23, 2011, from May 23, 201 to May 23, 2014, monthly rent is KRW 4.5 million for one year, and for two years, from the value-added tax (excluding value-added tax) for five million won (excluding value-added tax).

(However, the name of the tenant in the lease contract was entered as Defendant D).

Afterwards, the Defendants concluded a lease agreement with F and G around May 22, 2013 with a lease deposit of KRW 100 million, the lease term of KRW 12 months from May 22, 2013, and the monthly rent of KRW 5 million.

(However, according to the lease agreement, the name of the lessor was entered F and the name of the lessee in Defendant B and C: Provided, That the F and G, unlike the above lease agreement, were to receive the monthly rent of 4.5 million won (value added tax) from the Defendants.

C. The Plaintiff purchased the instant real estate from F and G on February 15, 2014, and completed the registration of ownership transfer on the 28th of the same month.

On March 21, 2014, the Plaintiff sent to Defendant C, B, and D a document verifying that the instant real estate should be delivered upon the expiration of the lease term on May 23, 2015. Accordingly, the Defendants paid the monthly rent for March 30, 2014 (from February 23, 2014 to March 22, 2014) and did not pay the monthly rent for 4 months. On June 17, 2014, the Plaintiff sent to the said Defendants a document proving that the instant real estate should be delivered by June 30, 2014.

E. Accordingly, on June 19, 2014, Defendant B and D sent to the Plaintiff a document evidencing that the Plaintiff would deliver the instant real estate upon first returning the lease deposit or depositing the lease deposit, since the obligation to return the leased object and the obligation to return the lease deposit are simultaneously performed upon the termination of the lease.

F. On June 30, 2015, the Plaintiff was at KRW 100,000,000,000.

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