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(영문) 대구지방법원 2014.08.19 2014가합3386

건물명도

Text

1. For the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) C, KRW 49,789,693, Defendant D and Defendant E, with the Defendant (Counterclaim Plaintiff) C.

Reasons

I. Basic facts (this part, counterclaim common)

1. Lease and sublease of the commercial building of this case;

A. On June 11, 2009, the Plaintiff Company B, a company that is one of the Plaintiff A, remitted the deposit deposit amount of KRW 100,000,500,000 for the rental deposit amount of KRW 13,50,000 for the tea, and the management expenses and taxes from June 10, 2009 to June 9, 2012 to the Defendant C (hereinafter “instant lease agreement”); and on June 10, 2009, the management expenses and taxes imposed on the Defendant C (hereinafter “instant lease”); and on June 10, 2009, the Defendant C transferred the deposit amount of KRW 10,000 to the Daegu Bank’s deposit account on June 10, 209.

B. Since then, the plaintiffs filed an application with the Busan District Court for the complaint telephone against the defendant C for the purpose of preventing the dispute on the reputation of the second and second commercial buildings of this case (hereinafter "the commercial buildings of this case") and received the Busan District Court's protocol of conciliation No. 2009Da402 on July 16, 2009.

C. Defendant C decided to conduct restaurant business in the name of “F” in the instant commercial building, and the Plaintiffs and Defendant C agreed to receive the first rent on August 10, 2009 in consideration of the interior construction period, etc.

Defendant C paid the first rent on the agreed date, but the value-added tax was not paid, and the subsequent rent was not paid in late or in installments. From August 10, 2009 to February 25, 2013, Defendant C transferred money to the Daegu Bank Deposit Account in the Plaintiff’s name, the national bank deposit account in the Plaintiff Company B, and the national bank deposit account in the name of the Plaintiff H bank in the name of the Plaintiff’s wife to KRW 590,810,000 in total.

E. On the other hand, on March 14, 2012, Defendant C’s KRW 30,000,000, monthly rent, and KRW 5,500,000.