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(영문) 대구고등법원 2016.06.16 2015나24523
건물명도 등
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim and the counterclaim by the Defendant (Counterclaim Plaintiff) C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1, 2, 6, 7, 8, Eul evidence Nos. 1, 2, and 13 (including each number; hereinafter the same shall apply) and the whole purport of the pleadings.

On July 31, 2009, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant C with a deposit of KRW 500 million, KRW 23.5 million per month, the lease term from August 1, 2009 to July 30, 2014 (hereinafter “the lease of this case”), and upon receipt of KRW 500 million from Defendant C on the contract date, transferred the instant real estate to Defendant C.

B. The main contents of the instant lease agreement are as follows.

Indication of Rental Property from Rental Agreement

1. The parking lots annexed to wedding halls shall include the whole of and the parking lots annexed to wedding halls, with the exception of the whole of and the first floor of wedding halls in Daegu-gu, Metropolitan City D;

2. The lessee under Article 3 of the PSB E’s equipment, the office operating rights, and other beneficial rights.

8.1. There shall be obligation to pay any rent, public charge, etc. after the fact.

In principle, tax on property shall be paid by a lessor and various public charges incurred in business shall be paid by a lessee.

[Special Agreement] If a monthly rent is delayed, it shall be deleted from a deposit.

The lessee shall bear the cost of maintaining the building.

In principle, a life-saving lawsuit shall be instituted when delayed two months.

A Lease: A Lease: B: F

C. Defendant C operated a wedding business in the name of Defendant B, Plaintiff I, J, K, and L (I is the Plaintiff’s mother, and J, K, and L are the Plaintiff’s siblings; hereinafter “Defendant B and five others”) on the instant real estate under the joint name of Defendant B, Plaintiff I, J, K, and L (hereinafter “Defendant B and five others”).

However, from February 2010 to August 2012, Defendant C paid to the Plaintiff KRW 20 million each month during the agreed monthly rent, and did not pay the remainder KRW 3.5 million each time from September 2012.

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