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(영문) 서울서부지방법원 2017.10.12 2017가단4662
건물명도(인도)
Text

1. The defendant delivers to the plaintiff the real estate stated in the attached list, and the defendant from October 30, 2016 to June 19, 2017 5,50.

Reasons

1. Facts of recognition;

A. On September 9, 2016, the Defendant entered into a contract for the lease of the real estate listed in the separate sheet (hereinafter “instant building”) from the Plaintiff by setting the lease deposit of KRW 50 million, monthly rent of KRW 55 million, and the lease term from October 31, 2016 to October 30, 2017. The Defendant agreed to pay the remainder of the lease deposit of KRW 50 million at the time of the contract and the remainder of the deposit of KRW 45 million on September 30, 2016.

(B) With respect to the confirmation of who is a tenant, the tenant of Gap evidence lease agreement No. 2 states ① the entry of "D representative C" and the entry of the name of the foundation as "C" and the signature and seal of "Personal C". Article 33 of the Civil Act provides that "A corporation shall be established upon the registration of incorporation at the location of its principal office." However, although Eul is not an organization with the registration of incorporation, it is not a juristic person but a juristic person but a tax office with the trade name "C" and its business registration is required to make a business registration at the tax office for the convenience of tax administration, it is merely a business registration to be made in the name of the foundation D and therefore it cannot be a legal entity of D).

Although the Defendant agreed to pay the remainder of the lease deposit KRW 45 million on September 30, 2016, the Defendant occupied the instant building without paying the remainder of the deposit, but transferred the remainder to the Plaintiff on November 2, 2016.

After that, on November 11, 2016, the Defendant sent to the Plaintiff a content-certified mail stating that “if it was impossible to make the Plaintiff to pay the balance of the lease deposit, the Defendant was erroneous and paid the deposit in full by November 30, 2016, and that it will be performed in accordance with the terms of the contract.” The Defendant thereafter sent the content-certified mail.

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