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(영문) 창원지방법원 2016.11.16 2015나37089
증서진부확인
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 4, 2014, the Plaintiff entered into a lease agreement with Defendant B, the owner of the said land and its ground building, with regard to the said land, and the term of lease from April 4, 2014 to April 3, 2016 (hereinafter “instant lease agreement”), with regard to the 124 square meters of land for reinforced concrete structure, sloping roof, one story, and 9.75 square meters of land for reinforced concrete structure, one of which is a multi-story roof of reinforced concrete structure (cafeteria) (hereinafter “instant building”), and operates a restaurant “E” from April 24, 2014 to April 3, 2016.

B. With respect to the lease of the above building between the Plaintiff and Defendant B, attached lease contract with KRW 30,000,000, monthly rent of KRW 1,000,000, premium of KRW 30,000 (hereinafter “first contract”) and attached lease contract with KRW 10,00,000, monthly rent of KRW 150,000 (hereinafter “second contract”) was respectively drawn up between the Plaintiff and Defendant B.

C. On July 28, 2014, Defendant B entered into a contract to sell the above land and the instant building with Defendant C, and Defendant C, upon completion of the registration of transfer of ownership pursuant to the above sales contract as to the above land and the building, submitted a second contract to the said association while setting up a collateral security right on the instant building in order to secure F’s obligations to the North Korean Agricultural Cooperative.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1-1, 2-2, and 2-1 and 2-2, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1 Plaintiff prepared the instant lease agreement with Defendant B while entering into the instant lease agreement, and prepared the so-called “the so-called “the so-called “the” contract at the request of Defendant B’s mother.

However, the Plaintiff, while using the official land owned by Defendant B located adjacent to the instant building as a parking lot, uses the said official land separately from the monthly rent stipulated in the said lease agreement.

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