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(영문) 부산지방법원 2019.02.14 2016나53531
건물명도
Text

1. The judgment of the court of first instance is modified as follows.

Defendant B is paid KRW 47,200,000 from the Plaintiff.

Reasons

1. Basic facts

A. On February 6, 2014, the Plaintiff entered into a lease agreement on the instant building (hereinafter “instant building”) in the attached list from the Defendant church (hereinafter “instant building”).

(2) On October 6, 2014, the Plaintiff concluded each of the following lease agreements with the Defendants on the underground floor, the first floor, and the fourth floor of the instant building (hereinafter “each of the instant floor lease agreements”) and was paid the lease deposit stated in the corresponding column set forth below by the Defendants. After the delivery of each of the instant real estate, the Plaintiff agreed to pay the Defendants each of the public charges (management fees, user fees, etc.).

The Plaintiff, on October 21, 2014, with respect to Defendant B’s underground floor of all Defendant B, KRW 10,000,000, KRW 7000,000 in total for 24 months and 24 months in total, and KRW 700,000 in total, KRW 300,000 in total, KRW 70,000 in total, KRW 150,000 in total, KRW 3,000 in total, KRW 24 months in total, and KRW 24 months in total, and KRW 70,000 in total, KRW 150,000 in total, KRW 3) of the leased object of lease in this case among the instant buildings, shall be liable to the Plaintiff for the lease on a deposit basis with the Busan District Court, Seobuan, 200,000 in Busan District Court, and KRW 3817 in receipt on October 21, 2014 to KRW 10 (hereinafter “right”).

(4) On October 27, 2014, a real estate lease agreement was concluded between the Plaintiff and Defendant B, stating the Plaintiff, the lessee, the Defendant B, the monthly rent of KRW 700,000, without a lease deposit, as to the entire second floor of the instant building.

At the same time, F and G were occupied and used in the course of operating a private teaching institute, but they continued to operate a private teaching institute on the second floor after preparing the above lease contract.

B. On March 14, 2015, the Plaintiff concluded the instant building sales contract between the Plaintiff and Defendant B (i) KRW 860,000,000 as to the instant building (i.e., the intermediate payment of KRW 60,000,000 as the intermediate payment of KRW 60,000,000, the remainder of KRW 780,000.

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