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(영문) 춘천지방법원강릉지원 2019.07.09 2018가단35970

공작물철거 등

Text

1. The defendant connects the plaintiff with each point listed in the separate sheet Nos. 1 and 2 among the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On April 7, 2015, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant commercial building”) from C as KRW 50 million, monthly rent, KRW 1.5 million, and KRW 1.5 million, the Defendant, on October 21, 2015, leased the instant commercial building as KRW 100,000 (hereinafter “D”) deposit KRW 150,000,000,000 per month (hereinafter “1.7,000,000,000) from E around October 21, 2015.

B. Around April 2015, F, a tenant of the instant commercial building and D commercial building, agreed to restore to the original state when installing a panel partitions on the line that he/she did not run the business to C and the Plaintiff, with the consent of C, the owner of the instant commercial building, and the Plaintiff, who is the lessee of the instant commercial building, with the consent of the Plaintiff, who is the lessee of the instant commercial building. Accordingly, F, a tenant of the instant commercial building and D commercial building, agreed to use the (A) portion of the attached drawings connected in sequence 1, 2, 3, 4, and 1 of the attached drawings as a warehouse.

Meanwhile, on October 21, 2015, the Defendant, while leasing a shopping mall on or around October 21, 2015, acquired from F the facility and the goodwill of the shopping mall from F to KRW 65 million, and later occupied and used the said section as a warehouse.

[Grounds for Recognition: Descriptions of Evidence A Nos. 1, 3, and 4, Evidence A No. 2-1, 2, and 3, the purport of the whole pleadings]

2. According to the facts acknowledged on the basis of the determination of the cause of the claim, the Plaintiff, who is entitled to use and take profits from the entire commercial building of this case under a lease agreement, may request the Defendant, who acquired the facilities of the commercial building of this case from F, to remove the panel partitions established in the commercial building of this case and deliver the above (A) part, unless the Defendant has a legitimate title to possess the part indicated in the drawings (A) among the commercial buildings of this case.

3. The judgment of the defendant on the defendant's assertion is made by F. F. The part on the annexed drawing(A) among the commercial buildings of this case.