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(영문) 수원지방법원 2020.01.08 2018가합29361

건물명도(인도)

Text

1. The defendant shall deliver each real estate listed in the separate sheet to the plaintiff succeeding intervenor.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition [based on recognition: Facts of absence of dispute, entries in Gap evidence Nos. 1, 2, 4, and 6 (including various numbers), the purport of the whole pleadings] Article 2 (Period of Lease) (1) from February 25, 2015 to February 24, 2025 (10 years)

Article 3 (Rents)

1. Rental deposit: The payment method of KRW 300 million (1) (2) The first intermediate payment: KRW 60 million (payment in April 5, 2015) (3) The second intermediate payment: KRW 60 million (payment in April 5, 2015): The remainder (payment in May 4, 2015): KRW 150 million (payment in the first place between May 30, 2015 and the third day prior to the commencement of normal business);

2. Monthly rent: 22 million won (excluding value-added tax) (1) monthly rent shall be paid in the first month of the beginning of the normal business, in the first month, and the subsequent payment shall be made;

2. 21 million won shall be paid for six months from the initial date of the payment of the rent for the foregoing month and 22 million won shall be paid thereafter.

(3) The payment of monthly rent shall be imposed at least 15 percent per annum from the date of delay in the event that the payment of monthly rent is overdue.

On February 26, 2015, the Development Bank D (hereinafter referred to as the "In-service Company") entered into a contract to lease each real estate (hereinafter referred to as "the building in this case") listed in the attached list with E (hereinafter referred to as "the building in this case") and delivered the building in this case to E as follows:

B. On August 11, 2015, E entered into a contract to sublease the instant building with the Defendant whose father F is the representative director (hereinafter “instant sublease contract”), and delivered the instant building to the Defendant. The Defendant currently occupies the instant building.

C. On June 5, 2015, the non-party company completed the registration of ownership transfer for the instant building due to the trust in the name of the Bank of Korea, and completed the registration of ownership transfer on November 23, 2015 due to the reversion of trust property, and completed the registration of ownership transfer due to the trust in the name of the plaintiff on the same day.

The non-party company is the Suwon District Court 2016Kahap73531, which seeks the delivery of the building of this case against E.