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(영문) 서울서부지방법원 2020.01.09 2019나36046
건물명도(인도)
Text

1. The plaintiff's incidental appeal shall be dismissed;

To D, F, written as an incidental appellant, at the head of the plaintiff's incidental port.

Reasons

1. Facts of recognition;

A. On December 15, 201, the Defendant entered into a lease agreement between the Plaintiff and the Plaintiff with respect to the instant store: KRW 10,000,000; KRW 450,000 per month of the rent; KRW 150,00 per month of the rent payment; and the term of the lease from December 15, 201 to December 15, 201 (hereinafter “instant lease agreement”); and thereafter, the Defendant registered the instant store as a business operator and operated the restaurant business.

B. On May 27, 2013, the instant store was registered in the Defendant’s name F, and the monthly rent for the instant store was deposited in F’s name. From March 2015, the instant store was deposited in D name.

D is the person who is the defendant's Eastern E.

C. The Plaintiff filed the instant lawsuit against the Defendant and D, and the first instance court rendered a judgment on June 13, 2019 that “from March 15, 2019 to June 15, 2019 to receive the amount calculated by deducting the amount calculated by the rate of KRW 500,000 per month from the Plaintiff’s KRW 20,000 to the date the delivery of the instant store is completed,” and the said judgment became final and conclusive.

On September 23, 2019, the Plaintiff entered into a lease agreement to lease the instant store to G (on October 23, 2019, the delivery date), and paid KRW 17,500,000 after deducting KRW 2,50,000 from KRW 20,00,000 between D and D, and received the said money from D on October 23, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 3, Eul evidence Nos. 2 through 4, Eul evidence Nos. 6 (including each number), and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff D operated the business at the store of this case until recently, but this is merely a relationship with the defendant, and in a lease agreement with the plaintiff, the lessee of the store of this case is the defendant, and the plaintiff did not consent to the change of lessee.

From January 2017, 600 won, that is the monthly rent.

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