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(영문) 대구지방법원 2017.08.18 2016가단126965

건물명도

Text

1. Defendant B:

A. To deliver to the Plaintiff the real estate listed in the attached list;

(b) the real estate listed in the separate sheet;

Reasons

1. Basic facts

A. The Plaintiff is a telecommunications agency and a corporation established for the purpose of wholesale and retail business, and Defendant B works as the head of the Plaintiff’s overall business office from February 2012.

Defendant C retired from office, and from October 6, 2014 to October 29, 2015, Defendant C served as the head of the Plaintiff’s business division.

B. On October 28, 2015, with respect to the real estate listed in the separate sheet owned by F (hereinafter “instant building”), a lease agreement was concluded between the lessor, the lessee, the Plaintiff, the deposit amount of KRW 15 million, the monthly rent of KRW 2 million, the lease term of KRW 1.1 million from November 1, 2015 to October 30, 2017. Under the F’s consent, a sub-lease agreement was made with the Plaintiff, the lessee, the Defendant B, the deposit amount of KRW 10 million, and the term of the sub-lease from November 1, 2015 to October 30, 2017.

C. In addition, the Plaintiff acquired the house fixtures, facilities, and goodwill of the former lessee G in relation to the instant building in KRW 35 million.

On October 28, 2015, Defendant B registered the instant building as a mobile phone or musical beverage retail as “D” in his/her own place of business with his/her mobile phone or musical beverage retail.

(E) The business registration number;

On the other hand, when establishing a sales store by a person who has worked in the LGU and the LGU agency for at least six months, the LGU subsidized the rent for supporting business start-ups and the expenses for human test. On October 29, 2015, the LGU, the Plaintiff, and the aforementioned D (Defendant B) concluded an agreement with the LGU to support the aggregate of the monthly rent for supporting business start-ups and the expenses for test. On October 29, 2015, the aforementioned “D” selects the monthly rent of 70 million won, and the LGU pays rent of 2 million won per month (if the sales store trades with the LGU agency, the subsidy, such as rent, etc.).

F. In addition, the Plaintiff and Defendant C made an investment in real estate and facilities in relation to the operation of the aforementioned “D” on November 2, 2015, and all of them.