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(영문) 광주지방법원 2015.11.05 2015가단5854

건물명도 등

Text

1. The Plaintiff:

A. Defendant C shall draw up a annexed map among the arche roof of the G wood structure in Gwangju Dong-gu, Gwangju, one-story amusement restaurant 39.66 square meters.

Reasons

1. Basic facts

A. The Plaintiff’s husband’s husband’s husband’s Ma (Death on October 16, 2013; hereinafter “the deceased”). On November 6, 2013, the registration of ownership transfer was completed due to inheritance due to an agreement division made on October 16, 2013 under the Plaintiff’s name.

B. The Deceased around December 2010, the Defendant B above.

Of the real estate mentioned in paragraph (1), a contract was entered into with the following terms: (a) the period of KRW 140,000,000 per month (the 25th day of each month in which payment was made); (b) the period of December 25, 2010 to December 25, 2016; (c) the period of lease was determined and rent KRW 160,000,000 per month (hereinafter “instant lease agreement”); and (d) the period of December 25, 2012 from December 12, 2012 to KRW 1.6 million per month.

On December 8, 2013, the Plaintiff, as a result of the inheritance of the Deceased, drafted a lease agreement with Defendant B, with the said Defendant, setting forth a deposit of KRW 10 million, monthly rent of KRW 1.6 million (paid on December 25, 2010), and the period from December 25, 2010 to December 25, 2016.

C. On January 30, 2011, Defendant B entered into a contract with Defendant C on the condition that the instant real estate is leased with a deposit of KRW 10 million, KRW 2 million per month (paid on January 31, 201), and the period from January 31, 201 to January 31, 2014.

(hereinafter “instant sublease contract”). D.

On the other hand, on June 30, 201, the Deceased prepared a contract with Defendant C to lease the instant real estate to Defendant C by fixing the period from June 30, 201 to December 30, 2013, and at the time, Defendant B participated therein.

E. The Defendants deposited the instant real estate in the Plaintiff’s account as shown below [Attachment 1].

[Attachment 1] The deposit account (BJ bank) and the deposit amount (unit: 00 won) deposit account, FG H H on February 25, 2011. < Amended by Presidential Decree No. 22715, Mar. 2, 2011>