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(영문) 대구지방법원 2015.04.14 2014가합7166

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) receives the following money from the Plaintiff (Counterclaim Defendant) at the same time.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building of 84.17 square meters in a single-story public restaurant of 84.17 square meters in Daegu Jung-gu, Daegu-gu (hereinafter “instant building”).

The plaintiff has been in charge of management by granting the authority to receive the right of representation and the authority to receive the rent for entering into the lease contract on the building of this case to ASEAN, Doz.

B. Accordingly, D and E concluded each of the following lease agreements on behalf of the Plaintiff on behalf of the Plaintiff, and each of the lease agreements has been renewed several occasions.

① Lease of 23.14 square meters (hereinafter “instant store”) in the part of the instant building (Ga), which connects F with each point of the items indicated in the annexed drawing Nos. 1, 2, 9, 10, 11, and 1, among the instant building (hereinafter “instant store”) to G. (2) Lease of part (Na) of the instant building, which connects G with each point of 2,3,8,9,9, and 2, the same drawing Nos. 33 square meters in sequence among the instant buildings (hereinafter “H store”). (3) Lease of part (Da) of the instant building, which connects I with each point of 3,4,5,6,7,8, and 3 of the same drawing No. 16.52 square meters in sequence among the instant building (hereinafter “J store”).

C. On April 18, 2013, the Plaintiff notified F through K, an agent, of the withdrawal of the granting of the right to representation and the right to receive rent to D and E, and notified F of the said contents by content-certified mail around June 15, 2013.

On the other hand, the Defendant succeeded to the lease contract for the instant store from F around March 2013, and possessed and used the instant store by obtaining the delivery of the instant store around May 2013, until the date of closing argument.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 4, each entry of Eul evidence 12 to 16 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 Defendant delivered the instant store to the Plaintiff for the following reasons, and from August 1, 2013 to the completion date of delivery of the instant store.