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(영문) 서울서부지방법원 2015.06.12 2014가단250808
건물명도
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) 2,490,000 won and its corresponding;

Reasons

1. Facts of recognition;

A. The Plaintiff is a co-owner who owns 4/6 of the share of the real estate listed in the separate sheet (hereinafter “instant building”) and is a co-owner who owns 1/6 of each co-owner’s share, and as a majority co-owner, the Plaintiff is a co-owner’s relationship residing in the United States.

B. On July 25, 2012, the Plaintiff entered into a lease agreement with the name of a lessee F, with the term of KRW 40 million, monthly rent of KRW 3 million (in addition to value-added tax, the second day of each month), and 12 months from August 2, 2012 to August 2, 2013, on the condition that the term of lease shall be determined as 12 months, and the Plaintiff entered into a lease agreement with the term of interior facilities by recognizing the period from July 25, 2012 to August 2, 2012 (hereinafter “first lease agreement”).

(2) On July 25, 2012, Defendant B signed the above F’s agent. The Plaintiff paid the down payment of KRW 4 million in cash from Defendant B, the date of the contract, and the remainder of KRW 36 million from Defendant B’s private individuals on the same day. Meanwhile, on August 7, 2012, the Plaintiff agreed to deduct KRW 2,200,000,000, out of the rent to be paid on September 2, 2012, as the first rent to Defendant B as the facility cost of the instant building, and agreed to deduct the said rent to be paid on September 2, 2012. 2) Without the Plaintiff’s consent or approval, the Plaintiff concluded the lease contract between the I and the Plaintiff working at the H Licensed Real Estate Agent’s Office on August 10, 2012, as the place of sub-lease 30 million for the entire first floor and the second floor of the instant building, and 200,000 won for the period from February 28, 201.

3 Defendant B used the first floor of the instant building as “J” health food sales store after the conclusion of the first lease contract, and used the second floor as K office as an incorporated association.

4...

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