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(영문) 서울남부지방법원 2016.12.15 2016가합103355
건물명도
Text

1. The Defendant: (a) KRW 2,670,860, respectively, and KRW 5% per annum from October 12, 2016 to December 15, 2016, respectively, to the Plaintiffs.

Reasons

Basic Facts

On May 2, 2012, the Plaintiffs shared 1/3 shares of the buildings listed in the separate list of lease relations between the Plaintiffs and E (hereinafter “the instant cartel”). On May 2, 2012, the Plaintiffs concluded a lease agreement with E as follows with respect to the instant cartel. In order to secure the right to claim for the return of deposit for lease, the Plaintiffs set up a right to collateral security amount of KRW 300,000,000 for the instant cartel in the name of E.

Where a lease contract is terminated from May 10, 201 to May 10, 2014, the lessee shall restore the above real estate to its original state and return it to the lessor.

All taxes and public charges on the business under special agreement shall be borne by the lessee who is the operator.

(Local taxes, etc. except the value-added tax and property tax of a rental business operator). The lessee shall pay to the lessor the overdue overdue charge and the overdue charge of 20% per annum.

The establishment of the security deposit for lease amount of KRW 300,00,000 shall be set by the lessee as the person who has the right to set up the security deposit.

On September 5, 2013, the Plaintiffs concluded a lease agreement under the same condition as the lease deposit, monthly rent, special agreement, etc. between E and E on September 5, 2013, under which the lease term was set as 12 months from September 5, 2013, and 300,000,000 won for the lease deposit was set as the right to collateral security under the name of E.

The relevant Plaintiffs and the Defendant, as of November 1, 2015, set the lease term from December 3, 2015 to December 24, 2015, and the lease terms and conditions, such as deposit, monthly rent, special agreement, etc., are the same as those of the former lease in the name of F. However, the right to collateral security (hereinafter “instant lease agreement”) was written with the content that the right to collateral security in the name of E is to be changed in the name of G in the name of F.

The Plaintiffs, on December 5, 2015, committed the instant Mourel with the Defendant on December 5, 2015.

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