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(영문) 대구지방법원 2016.06.01 2015가단27672
건물명도
Text

1. The defendant shall receive KRW 3 million from the plaintiff, and at the same time draw up the building attached to the attached list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is operating a fitness and bath in Daegu Dong-gu C and D neighborhood living facilities.

On December 2, 2012, the Plaintiff leased 1, 200,000 won deposit money, monthly rent of KRW 100,000,00,000 from December 27, 2012 to December 26, 2013, the part 12 square meters (in the case of the lease of this case, referring to the removal of a bath, as indicated in the attached list) in the attachment among the second floor of the above building (the bath), (2), (3), (4), and (1) connected each point in order.

B. On April 22, 2013, during the contract period with E, the Plaintiff leased the instant leased part and the part of the place of massage bars in the same floor to F, with the deposit amounting to KRW 10 million, monthly renting KRW 600,000,000, and the period from April 22, 2013 to April 21, 2015.

E, as such, continued to operate a new lease contract between the Plaintiff and F, even after the conclusion of the new lease contract.

C. Around September 2013, the Defendant accepted an objection suit from E. The Plaintiff did not prepare a separate contract on the leased part of the instant case with the Plaintiff and the Plaintiff and F, but stated and affixed the Defendant’s personal information under the lessee’s lease agreement with the Plaintiff and F, and paid KRW 3 million to E in lieu of the deposit.

From that time, the Defendant operated the instant leased premises, and the monthly rent paid KRW 600,000,000 as stipulated in the lease agreement to the Plaintiff, and the Defendant did not pay that monthly rent to the Plaintiff, instead of paying the F’s massage place and male customers, subsidized the payment of the fee from the male customers in the F’s massage place.

E. On January 20, 2014, the Plaintiff and the Defendant drafted a lease agreement with the deposit money of KRW 3 million (around January 20, 2014) and the period until January 19, 2016 for the Defendant’s business report.

F. The Plaintiff’s lease contract with F is terminated, and on April 22, 2015, the part of the massage room is the leased part of this case.

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