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(영문) 서울중앙지방법원 2015.05.22 2015가합2190
건물명도등
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The defendant shall be the plaintiff.

(a) KRW 129,00,000; and

Reasons

1. Facts of recognition;

A. From around July 1, 2013, the Plaintiff leased from Nonparty B and C the Gangnam-gu Seoul and E ground 6th (hereinafter “F buildings”) a lease deposit of KRW 100 million, monthly rent of KRW 22 million (excluding value-added tax), and the lease period of KRW 10 million from July 1, 2013.

B. Around January 2014, the Plaintiff agreed to make an investment in the Defendant’s business related to the Defendant’s futures development and profit-making business (hereinafter “instant investment contract”) (hereinafter “instant business”). On January 10, 2014, the Plaintiff paid KRW 50 million in total, including KRW 20 million, and KRW 30 million on January 25, 2014, as part of the investment, and the Plaintiff sub-leases the part of the F building to the Defendant and was not paid KRW 200 million out of the sublease deposit, but the Plaintiff agreed to regard it as the Plaintiff’s investment money.

Accordingly, around January 27, 2014, the Plaintiff and the Defendant drafted an investment contract to the same effect as above.

C. On January 27, 2014, the Plaintiff sub-leaseed the part of the first to fifth floor of the F building (hereinafter “instant building”) to the Defendant with a deposit of KRW 400 million, KRW 27 million per month, and KRW 27 million per month (excluding value-added tax: Provided, That the first rent occurred on March 25, 2014, and the first rent is paid in advance on March 25, 2014, and each month on January 24, 2017) by setting the period of sub-lease as of January 24, 2017 (hereinafter “sub-lease”).

In addition, when concluding the instant sublease contract, the Plaintiff and the Defendant agreed to pay KRW 100 million out of the said sublease deposit on the date of the commencement of the interior works at the same time as the said sublease contract and pay KRW 100 million up to April 25, 2014, and the remainder KRW 200 million as the Plaintiff’s investment payment under the instant sublease contract.

[Article 9 (1) of the re-lease Agreement of this case: “The lease deposit shall be KRW 400 million, and the monthly rent shall be KRW 27 million (excluding value-added tax). Of this, KRW 200 million shall be recognized by the lessor as the A-investment.”

However, the defendant around March 2014, 100 million won out of the sublease deposit to the plaintiff.

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