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(영문) 수원지방법원 여주지원 2018.06.28 2017가단6650
건물명도 등 청구
Text

1. The defendant shall pay KRW 3,045,161 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit; 5.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Plaintiff is the Plaintiff’s office of 49.88 square meters (hereinafter “instant building”) in the office of the second class neighborhood living facilities with the 2nd class of the Gyeonggi-gu, Gyeonggi-do, E’s general wooden structure Ba, and the second class collective wooden roof.

(2) After the lease of the instant building, the Plaintiff had been in arrears for at least three months, and the Defendant terminated the lease agreement on the instant building. The Defendant did not pay the Plaintiff the monthly rent or the amount of unjust enrichment equivalent to the monthly rent by the end of August 2017 until the end of April 2018. Thus, the Defendant asserts that the Defendant is liable to pay the Plaintiff money at the rate of KRW 400,000 for the said period. (2) As to the instant building, the Defendant merely occupied the said building by entering into a lease agreement for the said period, without any possession of the said building by the Defendant, and the Defendant did not, on the other hand, set up a sign on the wall of the instant building and paid the price in full between the Plaintiff and the Plaintiff until the removal of the signboard after concluding a contract for installing the signboard and paying KRW 400,000 per month. Therefore, the Plaintiff’s claim is without merit.

B. 1) On November 6, 2015, the Plaintiff and C concluded a real estate lease agreement with respect to the land building F in Gyeonggi-gun, Gyeonggi-do, the Plaintiff owned by the Plaintiff, setting the lease period from November 6, 2015 to November 6, 2016, with the effect that C is leased free of charge (hereinafter “instant lease agreement”).

(2) Around July 11, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, who is a director of C, with a monthly rent of KRW 400,000,000 for the instant building, and three months for the term of lease.

3 The defendant shall install the signboard of the defendant company on the wall of the building upon delivery of the building of this case, and have C, a director holding 70% shares of the defendant company, inside the building.

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