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(영문) 울산지방법원 2016.11.15 2016가단3354
건물명도 등
Text

1. Of the real estate stated in the attached Form 1, the Defendant indicated in the attached Form 1, 2, 3, 4, and 1 on the attached Form 1st 32.5 square meters, respectively.

Reasons

1. Basic facts

A. The Defendant was registered on June 21, 2013 as a stock company with the purpose of door-to-door sales, Kwikset service, etc.

At the time of establishment of the defendant, the plaintiff was a representative director and an inside director of the defendant. On October 12, 2014, the plaintiff was dismissed from the representative director and completed the registration of dismissal on October 20, 2014, and is currently a director of the defendant in-house.

B. On July 1, 2013, the Plaintiff (Lessee) entered into a lease agreement (hereinafter “the first lease agreement”) with respect to the lease deposit of KRW 15 million, monthly rent of KRW 500,000,000, and the period from July 1, 2013 to 24 months (from June 30, 2015) with respect to the portion (B) of KRW 99,000,000,000, which was linked in sequence to each point of the attached Form 1, 2, 3, 4, and 1, among the real estate listed in the attached Form 332.5 square meters on one story, among the real estate listed in the attached Form.

C. The first lease agreement states that “this place of business shall be leased to B in the place of business.”

On July 1, 2015, after being dismissed from office by the Defendant’s representative director, the Plaintiff (Lessee) concluded a lease agreement again (hereinafter “second lease agreement”) with respect to the instant real estate on July 1, 2015, by setting the lease deposit of KRW 15 million, monthly rent of KRW 700,000, and the period from July 1, 2015 to 24 months.

The second lease contract shall be set forth above.

The same content as the paragraph has not been stated.

E. The Defendant, from the date of the first lease contract to the date of the closing of argument in this case, has occupied and used the instant real estate while directly paying it to C.

F. On October 13, 2015, the Plaintiff sent to the Defendant a certificate of content that “The Defendant concluded a sub-lease contract with the former lessee D without entering into an extension contract with the latter. From July 2013 to July 2015, the Defendant delivered the instant real estate to a different period from November 31, 2015. The Defendant would have entered into a sub-lease contract with the latter.” (hereinafter “certificate of content 1”).

G. The Plaintiff on December 23, 2015.

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