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Reasons
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(영문) 인천지방법원 2017.02.03 2014가단62199
건물명도등
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1. The Defendant: KRW 31,587,096 for the Plaintiff and KRW 5% per annum from December 24, 2016 to February 3, 2017.

Reasons

1. Facts recognized;

A. The Plaintiff owned the building on the ground D’s ground from August 10, 1999.

B. On April 30, 2007, the Plaintiff entered into a lease agreement with the Defendant on certain 265 square meters of the instant building’s second floor (hereinafter “instant leased premises”) with the deposit of KRW 10 million, monthly rent of KRW 1.2 million, and the period from April 30, 2007 to April 29, 2010 (hereinafter “instant lease agreement”). On May 30, 2007, the Defendant subleted 10,000 square meters of the instant leased premises to E, and paid the remainder monthly rent of KRW 90,000 (excluding value-added tax) and used the leased premises.

C. Meanwhile, the Plaintiff and F were engaged in the same business from around 2007, and were to liquidate the same business relationship between G (a mutual company H and hereinafter “G”) and Defendant Company while managing the Defendant Company.

Accordingly, on December 4, 2008, G (representative) and the Defendant (representative F) concluded a liquidation agreement with the following terms and conditions (hereinafter “instant liquidation agreement”).

1. Matters concerning liabilities: the Defendant promised to pay KRW 200,000,000 to G, which is a part of its liabilities, by May 31, 2010, and the interest on KRW 200,000 (hereinafter “the instant settlement money”) shall be paid KRW 1,00,000 per month by the repayment date.

3. Distribution of the re-processeds: G and the Defendant jointly distribute the re-processeds as of December 4, 2008 (hereinafter “instant re-processeds”).

The current status of re-processed goods shall be prepared and distributed separately.

E. On December 8, 2008, according to the commission of the Defendant and G with respect to the payment of the liquidation amount of the instant case, a notary public prepared a notarial deed stating that compulsory execution will be recognized in the event that the Defendant would pay the said KRW 200 million by May 31, 2010, under the law firm 2008 and no later than May 31, 2010.

F. Since the liquidation agreement of this case, the Defendant did not know about the leased part of this case.

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