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(영문) 서울북부지방법원 2017.11.15 2016가단150036
건물명도
Text

1. The Plaintiff:

A. Defendant (Appointed Party B) and Appointed C shall be 103.32 square meters per floor among the real estate listed in the attached Table 1 list.

Reasons

On August 13, 2005, the Plaintiff leased a deposit amount of KRW 40,00,000, monthly rent of KRW 1,500,000 (hereinafter “second floor of the instant building”) out of the real estate indicated in the attached Table to Defendant B (the appointed party; hereinafter the appointed party and the appointed party, collectively), with KRW 40,00,00,000 among the real estate listed in the attached Table. However, the Plaintiff leased a deposit of KRW 103.32,00,000 on the first floor of the real estate listed in the attached Table (hereinafter “the first floor of the instant building”), including the first floor of KRW 10,00,000, monthly rent of KRW 4,300,000.

Around May 1, 2013, Defendant B requested the Plaintiff to change the name of the lessee to Defendant D, the spouse, and the Plaintiff and Defendant D entered into a lease agreement with the Plaintiff by setting the lease agreement as of May 1, 2015, with respect to the first and second floors of the instant building under the same conditions as the previous one.

On May 1, 2015, the Plaintiff and Defendant D entered into a renewed contract to increase the rent of KRW 5,300,000 to KRW 5,300,00 and to extend the lease term by May 1, 2017.

On July 9, 2016, the Plaintiff and the Defendants concluded a lease agreement with Defendant B, C (Defendant D’s mother), deposit money of KRW 50,000,00 with respect to the first floor of the instant building, and KRW 3,000,000 with respect to the second floor of the instant building, and concluded a lease agreement with the lessee as Defendant D, deposit money of KRW 40,000,000 with KRW 2,30,000 with respect to the second floor of the instant building, and agreed that each lease period of the instant lease was until July 8, 2018.

Since Defendant B and D entered into an initial lease agreement on the first and second floors of the instant building, Defendant B and D operate a restaurant until now.

【In the absence of dispute over the grounds for recognition, Gap evidence 2-1, 2-2, Gap evidence 3-1, 2-5, Eul evidence 5, Eul evidence 3-1, 2-2, and the purport of the whole pleadings, but pursuant to the lease agreement dated July 9, 2016, the lessee of the first floor of the building of this case shall be the lessee of this case under the lease agreement dated July 9, 2016.

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