logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.01.29 2017나39953
건물명도
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B and C shall be included in the real estate indicated in the attachment.

Reasons

1. The facts subsequent to the facts do not conflict between the parties, or found as being based upon the whole purport of the pleadings in each entry in Gap evidence 2-1, 2, 3-2, 5-1, 3-2, and 3-1, 3-2. A.

Defendant B and D are legally married, and Defendant C is the mother of Defendant D.

B. On August 13, 2005, the Plaintiff leased to Defendant B the deposit amount of KRW 106.2 square meters on the second floor among the real estate indicated in the attached Table’s attached real estate (hereinafter “second floor of the instant building”) from August 13, 2005 to September 2007 by setting the lease period of KRW 40 million, deposit amount of KRW 40 million, monthly rent of KRW 1.5 million, but on the other hand, leased the deposit amount of KRW 9,03.32 square meters on the first floor among the real estate indicated in the attached Table’s attached real estate (hereinafter “first floor of the instant building”), including the first floor of KRW 10,000,000, monthly rent of KRW 4.3 million.

C. Around May 1, 2013, Defendant B requested the Plaintiff to change the name of the lessee to Defendant D. Accordingly, the Plaintiff and Defendant D entered into a lease agreement with the Plaintiff, setting the deposit and rent for the first and second floors of the instant building under the same conditions as that of the previous one, on condition that the term of lease was from May 1, 2013 to May 1, 2015.

On May 1, 2015, the Plaintiff and Defendant D entered into a renewed contract to increase the monthly rent of KRW 5.3 million and to extend the lease term to May 1, 2017.

E. On July 9, 2016, the Plaintiff and the Defendants concluded a lease agreement with Defendant B, C, and deposit amounting to KRW 50 million on the first floor of the instant building (hereinafter “instant first-class lease agreement”) with the lessee as to the second floor of the instant building, and concluded a lease agreement with the lessee as Defendant D, deposit amounting to KRW 40 million, and KRW 2.3 million on the second floor of the instant building (hereinafter “instant second-class lease agreement”), and concluded a lease agreement with the lessee as to the second floor of the instant building from July 9, 2016 to July 8, 2018.

F. The first and second floors of this case.

arrow