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(영문) 대전지방법원 2015.12.24 2014가단24607
건물명도 등
Text

1. The plaintiff (appointed)'s primary claim is dismissed.

2. The defendant is against the plaintiff (appointed party) and the appointed party.

Reasons

1. Basic facts

A. In the original case, the Plaintiff and the designated parties (hereinafter “Plaintiffs”) together referred to as “the Plaintiff and the designated parties,” respectively, owned 1/3 equity ownership.

B. On April 18, 2012, the Defendant concluded a lease agreement with the Plaintiffs on the instant building as follows.

(hereinafter “instant lease agreement”). Where a lessee fails to pay the lease deposit KRW 1,600,000 per month for rent of KRW 20,000,000 (excluding value-added tax) and on the first day of each month, the lessor may terminate the lease agreement.

Until the date of sale, 800,000 won (excluding value-added tax) for facilities premium for the period from June 1, 2012 to June 24, 2012, the lessor shall not participate in the lease, and the lessee shall not request the lessor to do so.

C. On December 24, 2012, the Plaintiffs entered into a sales contract (sale) with C as KRW 240,000,000 with respect to the instant building. On January 10, 2013, the Plaintiffs completed the registration of ownership transfer with respect to the instant building.

Plaintiff

On April 21, 2014, D, an employee of A, called the Defendant, called the Plaintiff, and obtained his/her consent, and then set up No. 1 No. 1 (lease) for tax return in addition to the instant lease contract (Evidence 2) and delivered it to the Defendant.

E. The Defendant, via Plaintiff A, paid only KRW 800,000 per month for the instant building from August 2012 to November 2014. Accordingly, Plaintiff A paid KRW 12,00,000 per month for the rent from February 2, 2013 to April 2014.

F. Around June 2015, the Defendant agreed to renew the instant building lease agreement with C, setting monthly rent of KRW 1,300,000 (Additional Tax).

[Ground of recognition] Unsatisfy, A No. 1.

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