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(영문) 수원지방법원 2017.12.19 2016가단552471
건물명도등
Text

1. Defendant B and Defendant (Counterclaim Plaintiff) C are real estate listed in the attached Table to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. Defendant C is the only internal director of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”).

C. On April 30, 2016, the Plaintiff and the Defendants concluded a lease agreement with respect to the instant real estate with the following content:

In light of the contents of the instant lease agreement, the question may arise as to who is a lessee under the instant lease agreement. The Plaintiff filed the instant claim on the premise that the Defendant Company and the Defendant Lessee are co-Lessees, and the Defendant Lessee also did not dispute this part of the lease agreement while stating that the Defendant Company and the Defendant Lessee and the Defendant Lessee are jointly liable as a lessee under the instant lease agreement during the pleadings. Therefore, the Defendant Company and the Defendant Lessee are determined to be a co-leased.

Lease deposit: 9,000,000 won: 9,000,000 won shall be paid at the time of the contract and received at the time of the contract: 1,60,000 won shall be paid in advance each month.

A lessor shall transfer the instant real estate to the lessee by May 4, 2016, with the condition that he/she can benefit from using the said real estate as intended, and the term of lease shall be six months from the date of delivery to November 3, 2016.

[Matters of special agreement] - A six-month short-term contract, and a six-month rent is the payment rate for KRW 9,600,000 for advance payment until the remainder.

(b) KRW 10,00,000 out of the deposit amount of KRW 9,000,000,000 for advance payment of KRW 9,600,000 (total of KRW 18,600,000) shall be transferred to the contract date ( April 30, 2016) and the remainder shall be the remainder by the balance transfer date;

- The recontract shall be notified one month prior to the due date and shall be available on the due date for six months (9,600,000) prior to the due date.

b. - This contract is a lease for short-term use, and thus cannot claim the Housing Lease Protection Act for a period.

The lessor: A (Signature) / the lessee B Company C (Signature)

D. The defendants are entitled to the above lease agreement to the plaintiff 18.

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