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(영문) 서울남부지방법원 2017.05.23 2016가단258326
건물명도
Text

1. The Plaintiff:

A. Defendant B received KRW 120,000,000 from the Plaintiff at the same time (as indicated in the list of real estate).

Reasons

1. Claim against the defendant B

A. On December 7, 2007, the Plaintiff leased all the first floor of the instant building to Defendant B by setting the lease deposit amount of KRW 90,000,000, monthly rent of KRW 1,500,000, and the lease period from January 7, 2008 to January 6, 2009.

On January 7, 2010, when the lease relationship is renewed and continued, the lease contract was concluded again with 120,000,000 won for the lease deposit, 5,000,000 won for monthly rent, and 6,000 won for the lease period from the same day until January 6, 2012.

On January 7, 2012, the Plaintiff and the Defendant concluded a lease contract with the lease deposit of KRW 120,00,000, monthly rent of KRW 5,500,000 (excluding value-added tax), and the lease period of the first floor of the instant building from the same date until January 6, 2014.

The Defendant used the entire 1st floor of the instant building as a discount boat from the time of the first lease. Of these, the entire 1st floor of the instant building was divided into half of all 1st floor of the instant building and used for each discount set and net house. On January 1, 2015, the Defendant concluded a lease deposit with respect to the 140.67 square meters of the instant building (the portion to be used as a discount set forth in the previous discount boat), half of the 1st floor of the instant building, 60,000 won, monthly rent of KRW 2,00,000, monthly rent of KRW 24 months from the same date, and the lease term of KRW 140.67 square meters (the portion to be used as a net house) of the remainder of the 1st floor of the instant building, and concluded a lease deposit with respect to the lease deposit for the period from 20,000,000 won to 3,50,000,214.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1 to No. 6, and purport of the whole pleading

B. Determination A.

According to the facts found in the port entry, the lease agreement on the whole first floor of the instant building between the Plaintiff and Defendant B was terminated on February 1, 2017, and the term of lease has expired. Thus, the said Defendant, barring any special circumstance, is the Plaintiff among the first floor of the instant building as a performance of the duty to restore following the termination of lease relationship.

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