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Reasons
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(영문) 대전지방법원 2018.08.09 2017나112285
건물명도 등
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1. Of the judgment of the first instance, the part requesting the delivery of a building and the amount ordered to be paid below shall be lost.

Reasons

1. Facts of recognition;

A. B, on March 12, 2014, on behalf of the Plaintiff, (i) a lease agreement, etc. on the instant building, etc., (ii) C, D, and E (hereinafter “C et al.”)

B) As between the Plaintiff and E or D, a lease agreement stating that the instant building owned by the Plaintiff at the time of the Plaintiff’s lease deposit is KRW 30 million for the lease deposit, KRW 320 million for the rent, KRW 3.2 million for the rent, and the lease term is set from April 10, 2014 to April 9, 2015 for the lease (hereinafter “instant lease agreement”).

2) Accordingly, on March 12, 2014, the lease agreement (No. 2-1) signed on March 12, 2014 in the name of tenant E and the lease agreement (No. 8) signed on March 12, 2014 in the name of tenant D.

(F) After the preparation of each lease agreement, the tenant's name is in common name E and D in relation to the instant lease agreement, but the lease term was changed from April 25, 2014 to April 24, 2015, and the lease agreement (No. 9) was written retroactively on March 12, 2014.

(3) On the other hand, on March 14, 2014, D transferred to the Plaintiff KRW 3 million as the down payment out of the above lease deposit. In addition, on April 28, 2014, E transferred the remainder of the lease deposit and KRW 3.520,000 (including value-added tax) to the Plaintiff on April 28, 2014. The Plaintiff delivered the instant building to C and two others around that time. (4) D transferred the instant building to May 8, 2014. The location of the instant building was the business registration for the leased business, namely, “F”, and Nonparty C and two (2) occupied and used the instant building from that time.

However, D discontinued the above business at the beginning of 2015 at the latest.

Meanwhile, from April 25, 2014 to October 24, 2014, the Plaintiff issued a tax invoice for the rent of the instant lease agreement to D in the future.

B. The defendant is a woman of 1 C and the defendant, such as preparing a lease contract under the name of the defendant.

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