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Reasons
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(영문) 대구지방법원 서부지원 2018.10.18 2017가단61994
건물명도(인도)
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 12, 2006, the Plaintiff and the Defendant’s previous lease contract 1) leased the instant building to the Defendant with the deposit of KRW 50 million, monthly rent of KRW 5 million, and the period from September 12, 2006 to September 11, 2008. The Defendant operated the main point of “C” in the instant building. 2) On September 12, 2008, the Plaintiff leased the instant building to the Defendant with the deposit of KRW 50 million, monthly rent of KRW 4.5 million, and the period from September 16, 2008 to September 15, 2010.

3) On September 12, 2010, the Plaintiff leased the instant building to the Defendant with a deposit of KRW 50 million, monthly rent of KRW 4.5 million, and the period from September 16, 2010 to September 15, 2012. (b) On March 20, 2012, the Plaintiff leased the instant building to D with a deposit of KRW 50 million, monthly rent of KRW 4.5 million, and the period from September 1, 2012 to August 31, 2015.

(C) The Plaintiff and the Defendant newly leased the instant building to the Defendant on August 11, 2014, with a deposit deposit of KRW 50 million, monthly rent of KRW 4.5 million, and the period from August 11, 2014 to September 30, 2015.

2 Around August 25, 2014, the Defendant registered the instant building with the trade name of "studal walb".

3) On September 17, 2015, the Plaintiff leased the instant building to the Defendant with a deposit of KRW 50 million, monthly rent of KRW 4.8 million, and the period from October 1, 2015 to August 31, 2018. [Evidence A, Evidence A No. 1, Evidence A 2-1 to 6, Evidence B-1 to 1-2, respectively, and the purport of the entire pleadings.

2. The assertion and judgment

A. The Plaintiff asserted that “The actual lessee of the lease agreement dated March 20, 2012” was the Defendant, and the Plaintiff drafted a lease agreement in which D was the lessee due to tax issues.

Since the lease term with the defendant expired on August 31, 2018, the lease term with the defendant is expired.

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