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(영문) 대전고등법원 2017.07.14 2016나16236
건물명도
Text

1. Of the judgment of the first instance court, with respect to the Plaintiff KRW 126,877,60, and KRW 125,200,00 among the judgment and KRW 125,20,000, the judgment of the first instance is rendered against the Plaintiff.

Reasons

1. Basic facts

A. On October 30, 2009, the Plaintiff leased each of the real estate listed in the separate sheet (hereinafter “instant building”) in the separate sheet, which was used as a green-melting manufacturing factory, melting or melting shop, etc. (hereinafter “instant building”) to Defendant B for the purpose of use on October 30, 2009, with the lease deposit of KRW 50,000,000, the lease period from December 5, 2009 to December 5, 2012, from December 5, 2009, the fiveth of each month from December 2, 2009 to November 20, 200, from that of November 2010 (excluding value-added tax), each of which was set at KRW 3,00,000 (excluding value-added tax) monthly thereafter.

(2) The Plaintiff and Defendant B, when entering into the instant lease agreement, did not agree to separately pay the value-added tax on the monthly rent, and did not agree to increase the monthly rent to KRW 3,00,000 from October 5, 2010. However, according to each content-certified mail (Evidence A8 and 11) sent by Defendant C to the Plaintiff, the Plaintiff and Defendant B, when entering into the instant lease agreement, shall separately pay the value-added tax on the monthly rent, and it can be sufficiently recognized that the Plaintiff and Defendant B agreed to increase the monthly rent to KRW 3,00,000.

B. Around that time, Defendant C, the births of Defendant B, registered the business with the trade name “D”, and commenced the manufacture, melting, and melting liquid sales business of the instant building with the Plaintiff’s consent (hereinafter “instant business”).

C. The Plaintiff and Defendant B renewed the instant lease agreement around December 2012. D.

On the other hand, on May 21, 2014, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the grounds of the Defendant B’s unpaid rent.

E. Defendant B transferred the instant building to the Plaintiff around August 19, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6 through 11, 14, 17, 18, Eul evidence 6, 7, 9, 10 (including branch numbers, if any; hereinafter the same shall apply).

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