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(영문) 의정부지방법원고양지원 2016.10.28 2015가단94456
건물명도
Text

1. Defendant B received KRW 13,015,707 from the Plaintiff at the same time, and at the same time, indicated “real estate” to the Plaintiff.

Reasons

1. Basic facts

A. On August 28, 2013, the Plaintiff: (a) leased D a deposit of KRW 20,00,000, monthly rent of KRW 220,000 (excluding value-added tax); and (b) from September 5, 2013 to September 4, 2015, the period of lease of KRW 2,200,00 (excluding value-added tax); and (c) around that time, the Plaintiff leased D with the said deposit of KRW 1,2,3,4,5,6, and 1 attached drawings attached to the building indicated in attached Form 1, 3,4, and 6, and 171.90 square meters (hereinafter “instant commercial building”).

B. Around April 10, 2015, Defendant B newly drafted a lease agreement to change only the name of a lessee to Defendant B (D) on April 10, 2015, with the intention to succeed to the right as a lessee of the instant commercial building.

C. Meanwhile, Defendant B planned to transfer marina shop operated in the instant commercial building to Defendant C. In the process, Defendant C, a lessor on August 17, 2015, prepared a custody certificate with the following content, and paid KRW 20,000,000 to the Plaintiff.

The lessee (Defendant C) shall deposit KRW 20,000,000 of the deposit money for the commercial building in this case, and the lessor (Plaintiff) shall prepare a deposit certificate after verifying it.

A fixed lease contract shall be prepared by no later than September 30.

When the contract is terminated, the lessor (Plaintiff) shall return the deposit kept to the lessee (Defendant C).

A lessee: A lessee: 【Plaintiff’s ground for recognition】: The absence of dispute, each entry of Gap’s 1 and 2(including the number of branches), and the purport of the whole pleadings.

2. Summary of the parties' arguments;

A. The lease agreement between the Plaintiff and the Defendant between the Plaintiff and the Defendant was terminated at the time when the content-certified mail on November 2, 2015 was delivered to the Defendant B, which contained the Plaintiff’s termination on the ground of a forest land structure.

On the other hand, the defendant C without any title (the defendant B along with the defendant B).

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