beta
Text
1. Defendant B received KRW 50,000,000 from the Plaintiff at the same time, and Defendant C jointly with Defendant B and jointly with the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 15, 2003, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the separate sheet.
B. On July 20, 2014, the Plaintiff’s order 1-A and B to Defendant B.
Buildings (D) as described in paragraph (1), 1-C, 4
The lease of each land listed in paragraph (1) (hereinafter collectively referred to as “instant store and parking lot”) was determined and leased as KRW 50 million, monthly rent of KRW 4.5 million, value-added tax half-yearly, from July 20, 2014 to July 19, 2016.
(hereinafter “instant lease agreement”). C.
Defendant B completed the registration of the instant store and parking lot under the trade name “D Frequency”.
Defendant C, his father and wife, operated the “D Frequency” at the instant store and parking lot, and occupied and used the said store and parking lot.
[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 to 3 (including virtual numbers) and the purport of the whole pleadings
2. Part on the request for extradition
A. (i) Defendant B as at August 20, 2015;
7.8.Payment Date of Monthly Rent, June 20, respectively;
7.20.
8. A total of KRW 13.5 million (4.5 million x 3 months) was not paid; on August 24, 2015, the Plaintiff sent to Defendant B a certificate of content that the instant lease agreement was terminated on the ground that the annual amount of the rent has reached the three-year rent; and on August 25, 2015, the said certificate of content reached Defendant B (Defendant B paid KRW 4.5 million on August 26, 2015).
2) The Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) does not conflict between the parties, or may be recognized by the overall purport of the statements and arguments set forth in the Evidence Nos. 2-2 and 3.
Article 10-8 provides that "If the annual rent of a lessee amounts to the three-dimensional rent, the lessor may terminate the contract," and the above recognition is made.