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Reasons
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(영문) 청주지방법원 2020.05.14 2019나11501
건물명도(인도)
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1. The judgment of the court of first instance is modified as follows.

Defendant C is the list of real estate attached to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. On December 30, 2005, the Plaintiff, the owner of the instant building, entered into a lease agreement with Defendant B on December 30, 2005, setting the term of lease from December 30, 2005 to December 30, 2007, a deposit of KRW 20 million, and monthly rent of KRW 300,000. On December 1, 2007, the said term of lease was extended until December 31, 2009.2) The Plaintiff entered into a lease agreement with Defendant B on April 16, 2009, with the term of lease from April 16, 2009 to April 16, 201, the deposit of KRW 100,000,000,000,000,000,000.

3) On November 27, 2009, the Plaintiff prepared a lease agreement (Evidence A2) with Defendant C on the terms of the lease term of 12 months from November 30, 2009, the deposit money of 30 million won for lease, and the monthly rent of 400,000 won for the underground and the first floor between Defendant B and Defendant B. On November 27, 2009, the Plaintiff prepared a lease agreement with Defendant C with the terms of KRW 30 million for the deposit money for the underground and the first floor of this case, and KRW 400,000 for the monthly rent of 40,000 won.

5) The Plaintiff is the E Association on July 1, 2011 (hereinafter “E Association”).

6) On the other hand, Defendant C, the wife of Defendant B, drafted a lease agreement (Evidence 2) on the underground, the first floor, and the third floor of the instant building from July 1, 201 to July 24, 201, the lease term of KRW 50 million, the lease deposit of KRW 50 million, and the monthly rent of KRW 500,000. On the other hand, Defendant C, the wife of Defendant B, was registered as a long-term care institution in the name of “G” with the location of the place of business and used it as an office.

B. On March 2, 2010, the Plaintiff, with Defendant B, in relation to a lease agreement with regard to the fourth floor and the current status of occupancy and use, KRW 50 million, from March 22, 2010 to March 21, 2012, with regard to the fourth floor of the instant building.

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