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Reasons
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(영문) 부산고등법원 2020.06.25 2019나57872
건물명도(인도)
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1. Defendant D who exceeds the following amount among the part against Defendant D in the judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. On December 11, 2017, the Plaintiff and the Plaintiff entered into a lease agreement with the Plaintiff to lease Fho Lake (hereinafter “instant commercial building”) from among the first floor in the Busan subway E Station, the term of contract from February 9, 2018 to February 8, 2021 (three years), the contract amount of KRW 120,000,000, the contract amount of KRW 12,000,000, and the deposit for rent payment of KRW 40,000,000, respectively.

B. 1) After renting the instant commercial building from the Busan Traffic Corporation, the date on which the contract was concluded is unclear. The Plaintiff sub-leaseed the instant commercial building to Defendant B at KRW 320,000 on the rent-day. (No. 19, Nov. 19, 2018, the document (Evidence No. 4) called the “entrusted Sales Contract” (Evidence No. 4) with respect to the said contract, but its substance is bound to be considered as the sub-lease contract.

hereinafter referred to as “instant sub-lease contract”

[2] 2) B is not clear since this part of the contract was concluded.

Without the plaintiff's consent, the commercial building of this case was set at KRW 30,000,000, and KRW 9,000,000, respectively, for each of the following reasons:

3) From November to December 12, 2018, H without the Plaintiff’s consent, part 1/2 of the instant commercial building to Defendant D (hereinafter “D Possession”).

(3) Around November 23, 2018, the date of the instant sub-lease was set as KRW 200,000, and Defendant D sold cosmetics, etc. from the D Possession to the Plaintiff. Meanwhile, while B was in arrears due to the instant sub-lease contract, Defendant D prepared a letter of undertaking to pay KRW 16,000,000 to the Plaintiff by November 28, 2018, the Plaintiff on November 23, 2018, stating that “the overdue rent under the instant sub-lease agreement shall be paid by November 28, 2018.”

B From February 17, 2019 to March 17, 2019, “B” to the Plaintiff on March 1, 2019 with respect to the instant sub-lease contract.

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