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(영문) 대구지방법원 2015.04.14 2014가합7142

건물명도

Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) B is indicated in the attached Form 1 drawings among the real estate listed in the attached Table 1 list.

Reasons

1. Basic facts

A. The Plaintiff is the owner of one real estate listed in the separate sheet (hereinafter “E building”) and two real estate listed in the separate sheet (hereinafter “F building”).

The plaintiff granted the authority to receive the right of representation and the right to receive the rent for each of the above buildings to Ha and Hah Hah Ha, who is son G, and received the management.

B. Accordingly, G and H concluded a lease agreement with the Defendants on behalf of the Plaintiff, on behalf of the Plaintiff, with the Defendants (hereinafter “instant stores”) as follows: (a) each of the instant stores listed in paragraphs (1), (2) and (3) (hereinafter “each of the instant stores”); and (b) each of the said lease agreements was renewed several times.

① Lease of 33 square meters in the part shop (B) connected with each point of the same drawing indication 2, 3, 8, 9, and 2 among the buildings E (hereinafter “J store”) to Defendant B (hereinafter “Defendant C”) < Amended by Presidential Decree No. 16.52 square meters in sequence with each point of 3,4, 5, 6, 7, 8, and 3 of the same drawing indication among the buildings buildings E (hereinafter “K store”) < Amended by Presidential Decree No. 16. 1, 2, 3, 4, 500 square meters in the part (A) connected Defendant D with each point of 1, 2, 3, 4, 5, 1000 square meters in the attached drawing among the buildings (hereinafter “L store”) < Amended by Presidential Decree No. 20720, Dec. 11, 2007>

C. Around April 18, 2013, the Plaintiff notified the Defendants and I of the withdrawal of the granting of the right to representation and the right to receive fees to G and H through N, an agent, and notified the Defendants and I of the said contents by content-certified mail around June 15, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserted by the Plaintiff 1 are entitled to each of the instant stores on the following grounds.