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Reasons
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(영문) 의정부지방법원 2018.07.10 2016가단37266
건물명도
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As of July 8, 2015, the Plaintiff and Defendant D entered into a lease agreement with the Plaintiff from October 30, 2015 to October 29, 2020, with respect to KRW 25,000,000, monthly rent of KRW 2,400,000, monthly rent of KRW 2,400, and period of KRW 264.4 square meters related to the same and plant of the E general steel structure, Guri-si.

B. (i) On July 8, 2015, the Plaintiff’s account deposited KRW 2,500,000 as the down payment of the lease agreement and KRW 2,385,000 as the brokerage commission. On October 27, 2015, the remainder amount was collected KRW 22,50,000.

on October 16, 2015, Defendant B borrowed KRW 30,000,00 from a non-party Samsung Life Insurance Co., Ltd., and withdrawn KRW 5,00,000 on October 26, 2015, and deposited KRW 5,20,000 to the Plaintiff’s account.

Defendant B additionally remitted the Plaintiff’s account total of KRW 23,00,000,000 on October 27, 2015, and KRW 5,000,000 on October 30, 2015, and KRW 31.5,000,000 on October 31, 2015, and KRW 5,000,000 on November 6, 2015, and KRW 23,00,000 on November 25, 2015.

C. However, the Plaintiff did not appear to “F” from March 2016.

(1) As of March 20, 2016, Defendant C, B, and Defendant D drafted a lease agreement on the leased object as of KRW 25,000,000, monthly rent of KRW 2,160,000, and on October 29, 2020.

on March 28, 2016, Defendant B registered the business in the name of “F” on the location of the leased object.

E. On March 13, 2017, Defendant C was issued a summary order of KRW 1,00,000 as an offense of forging private documents or uttering of a falsified document.

[Evidence A] Evidence Nos. 1, 4, 5, 8, and 1, 2, 5, 9

2. The assertion;

A. The Plaintiff’s assertion (i.e., Defendant C and B changed the name of the lease agreement and business registration without the Plaintiff’s consent. Accordingly, the Plaintiff’s total amount of KRW 70,500,000, and KRW 25,000,000, and KRW 1,300,000, and KRW 12,30,000, and 12,30,000, collected at will from the Plaintiff’s account due to the occurrence of the occurrence of the damage from the Plaintiff’s account, and the part, for 20 months from April 1, 2016, including the sum of KRW 3,50,000, and KRW 700,000.

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