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(영문) 대전지방법원 2020.02.06 2019나106307
건물명도
Text

1. The judgment of the first instance court, including a claim added or modified by this court, shall be modified as follows:

Defendant.

Reasons

Facts of recognition

On April 209, the Plaintiff asserted to Defendant C that the second or fourth floor of the building for neighborhood living facilities (the third floor, but the actual fourth floor is a prefabricated house in the registry; hereinafter referred to as the “instant lease section”) in the attached list were to begin on May 15, 2009 the first lease contract was in effect on April 15, 2009 at the trial, but it is reasonable to view that the Plaintiff made at the first instance trial that the first lease contract was in effect on the consistent premise that the beginning date of the first lease contract was May 15, 2009, and that the remainder of the lease deposit was to be paid on April 25, 2009, and the period from May 20, 2009 to May 15, 2009 is to be paid on the remainder of the lease deposit.

From March 14, 2011, a lease was made (hereinafter “the first lease contract”) and the Defendant C began to reside with family members on the fourth floor while paying the deposit to the Plaintiff and operating the general restaurant.

On March 15, 2011, under the agreement with Defendant C, the Plaintiff entered into a lease agreement with Defendant B with the deposit amount of KRW 20 million (which was paid by a contract around 2009), monthly rent of KRW 1.5 million (Additional rent) and the period from March 15, 201 to March 14, 2012 (hereinafter “second lease agreement”).

Defendant C renewed the second lease agreement every year, and on February 25, 2018, Defendant C opened one of two security keys of the leased part of this case to the Plaintiff.

Until now, the leased part of this case is equipped with a house, equipment, etc. owned by Defendant C.

From April 21, 2009 to December 29, 2017, Defendant C (hereinafter “Defendant C”), paid a total of KRW 114,753,000 to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 11, 17, Eul evidence No. 1 (including each number), and the purport of the whole pleadings to defendant B.

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