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(영문) 서울중앙지방법원 2017.08.29 2017가단5004372
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant building”).

B. On July 21, 2010, the Plaintiff entered into a lease agreement with Defendant B and the instant building with a deposit of KRW 10 million, monthly rent of KRW 900,000 (payment on July 21, 201), from July 22, 2010 to July 21, 2012 (hereinafter “instant lease agreement”). The lease agreement entered into on July 21, 2010 (hereinafter “instant first lease agreement”) with Defendant C as a lessee was drafted by having the Defendant C, who is the buyer of the instant building.

Although the lease contract (No. 1) was written in the name of Defendant C, there is no dispute between the parties regarding the fact that the name of the tenant was written in the name of Defendant C at the request of Defendant C who is the actual tenant.

C. From around that time, Defendant B used the instant building as a warehouse of the sales company of the instant devices, which was handed over and operated by himself.

On June 21, 2015, when the instant lease contract was implicitly renewed, the Plaintiff drafted a lease agreement with Defendant B, stating that the lessee’s name as to the instant real estate is Defendant C, with the lease term from June 21, 2015 to June 21, 2017 (hereinafter “the instant secondary contract”).

E. Meanwhile, around February 1, 2016, Defendant B did not pay to the Plaintiff the difference for five months in the amount of five months in December 2012.

(f) On July 17, 2015, Defendant C registered the instant building with the name of “E” as the location of the instant building on July 17, 2015, and together with Defendant B. The Plaintiff occupied the instant building. Around December 26, 2016, the Plaintiff reaches five (5) months of the Plaintiff’s body car, and Defendant B was in arrears.

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