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(영문) 수원지방법원 2018.01.31 2017나69540
건물명도
Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant shall attach attached Form 1. to D (E).

Reasons

1. Facts of recognition;

A. On September 18, 2015, the Plaintiff leased the pertinent building at KRW 20 million from D, the owner of the real estate indicated in attached Table 1 (hereinafter “instant building”) to September 30, 2015, with the lease term from September 30, 2015 to September 30, 2018, the lease deposit was set at KRW 16 million per month.

(hereinafter referred to as “instant lease agreement”). B.

On October 5, 2015, the Plaintiff paid to Codefendant B of the first instance trial (hereinafter referred to as “B”) one store on the first floor of the instant building, and attached Form 2, regardless of sales, 1, 2, 3, 5, 5, 7, 7, 9, 9, 165.29 square meters in sequence with each point of 1, 1, 2015 to October 31, 2017, 30, 250,000 won for the sub-lease deposit and 6 months before the date of commencement of the business, 10,000 won for the clothes sales, 10,000 won for the first floor of the instant building, and 2,50,000 won for the second floor of food and beverage sales, and 2,50,000 won for the second month after six months before the date of commencement of the business, and 25,000 won for the second month of food and beverage sales.

(hereinafter referred to as “instant sublease contract”) C.

On the other hand, as B was unable to operate the store due to the reduction of the number of houses in the detention house, the Defendant, a type of stores, occupied B and operated the store on behalf of B, and the Defendant, on December 24, 2015, prepared a written confirmation with the following contents to the Plaintiff.

[Certificate] The defendant promises to pay rent and deposits in installments from F (A) as follows:

At Si interest, B, the present contractor for G, is responsible for the current business operator, due to the relationship that is unable to operate due to the legal reasons, and is issued a written confirmation.

1. Rent: 6,00,000 won per month above shall be deposited in installments on the 10th day of each month, and 2,000,000 won per day shall be deposited in installments, and 30,000 won shall be deposited in installments, and the rent shall be paid in full.

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