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(영문) 수원지방법원 2016.07.21 2015나30456
건물인도
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence 1 to 9, Eul evidence 1, 2, and 4 to 10 may be admitted by taking into account the whole purport of the pleadings:

On November 10, 2009, the Plaintiff entered into a lease agreement with the Defendant to lease the instant store to C, which stipulates that the Plaintiff shall lease deposit KRW 30,000,000, monthly rent KRW 1,900,000, and the lease term shall be from November 18, 2009 to November 17, 201 (hereinafter “the instant first lease agreement”). On November 18, 2009, the Plaintiff delivered the instant store to the Defendant’s wife.

B. On September 16, 2009, before the conclusion of the instant first lease contract, C completed the registration of business with the trade name “D” and the location of the instant commercial building and the instant business as the mobile phone retail business. After the instant store was delivered, C was a mobile phone retail business in the name of the instant store.

C. On November 18, 201, the Plaintiff entered into a lease agreement with the Defendant to cover KRW 35,00,000 for the lease deposit, KRW 2,50,00 for the lease deposit, KRW 2,00 for the lease deposit, and KRW 35,000 for the lease deposit from November 17, 201 to November 18, 2013, and KRW 35,000 for the lease deposit already paid to the Plaintiff under the instant first lease agreement and KRW 5,00,000 for the lease deposit additionally paid to the Plaintiff (hereinafter “instant second lease agreement”), and thereafter, the Plaintiff entered into the lease agreement with the Defendant to cover KRW 30,00,00 for the lease deposit additionally paid to the Plaintiff, KRW 5,00 for the lease deposit, KRW 00 for the lease deposit, KRW 00 for the lease deposit, KRW 10,000 for the lease deposit, KRW 10,000 for the lease deposit from the Defendant’s request.

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