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(영문) 대구지방법원 2019.08.28 2018나316206
건물명도(인도)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner and lessor of the instant store, and the Defendant is the lessee of the instant store.

On the other hand, C is the husband of the defendant, and D are the birth of the defendant.

B. From October 1993 to July 14, 2016, the Plaintiff leased the instant store to C, D, and the Defendant in sequence as follows:

(1) On October 21, 1993, the Plaintiff: (a) leased the instant store to C, who is the Defendant’s husband, with the term from October 21, 1993 to October 2, 1995 without monthly rent; (b) on October 2, 1995, the lease deposit and the lease deposit are the same as the previous one; and (c) on October 21, 1995, the term of the lease was fixed from October 21, 1995 to October 21, 1997, the Plaintiff again agreed that the instant store is KRW 40,000 per month while entering into a lease contract.

However, the Plaintiff did not enter the monthly rent in the lease contract, and instead received a separate monthly rent agreement (No. 6-2) from C.

(2) On August 3, 199, after the termination of the lease agreement with C, the Plaintiff entered into a lease agreement with D with the content that the instant store was leased as KRW 10,000,000, monthly rent of KRW 750,000, and the lease term of KRW 24 months from August 3, 199.

However, as in the case of C, the Plaintiff did not enter the monthly rent in the lease contract, and was prepared with a separate monthly rent certificate (No. 7-2) from D.

(3) The lease agreement between the Plaintiff and D on the instant store has been continuously renewed until June 2016 while the monthly rent increases. According to the monthly rent confirmation (Evidence A-2) that D finally drafted to the Plaintiff, the monthly rent is KRW 1,200,000.

(4) On July 4, 2016, the Plaintiff: (a) concluded a lease agreement with the Defendant under the title “real estate lease succession agreement”; and (b) concluded that the Plaintiff leased the instant store to the Defendant by setting the lease deposit amount of KRW 10,000,000 and the lease period of KRW 24 months from July 4, 2016; and (c) delivered the instant store to the Defendant.

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