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(영문) 서울동부지방법원 2017.01.17 2016가단106668

건물명도

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1. The Defendants jointly do so.

A. The real estate in paragraph 1 of the attached Table 1 and the attached Form 3 shall be indicated to the Plaintiff A.

Reasons

1. Determination as to the claim against Defendant E and G

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds for recognition: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against Defendant F

A. The facts of recognition [the grounds for recognition: the fact that there is no dispute, the entry in Gap's evidence Nos. 1 through 8, and the purport of the whole pleadings] 1) The Plaintiffs leased each real estate listed in the separate sheet No. 1 (the indication of each real estate is the same as that of the real estate indicated in Paragraph 1, except for the indication of the building on the leased part and the indication of the site right on 3 and 4 real estate) owned by the defendant E from August 30, 201 to March 23, 2012.

At the time of the above lease, the Plaintiffs agreed with Defendant E that the lease contract can be terminated if the above Defendant remains unpaid for at least two or three months in the monthly rent.

B) Under each of the above lease agreements, Plaintiff A, C, and D agreed to increase 10% of the monthly rent for each of the instant stores, and Plaintiff A agreed to pay interest of 20% per annum at the time of unpaid payment of 3 or more months of the monthly rent. (B) The Plaintiffs received from Defendant E the deposit money for each of the instant stores (each of KRW 10 million) and delivered each of the instant stores to Defendant E. (b) from around July 21, 201 to around the delivery of each of the instant stores, and from around July 28, 201 with H, I, J, and Defendant F, the Plaintiff, from around July 28, 201 to around July 28, 2014, Defendant A engaged in crowdfunding business with H, J, and the instant stores as well as with Defendant D’s “K” with the acquisition of the shares in the instant stores.

3) The Defendants’ monthly overdue overdue payment and termination notice A) with respect to the first shop of this case, the Defendants: (a) from November 201 to December 2014; and (b) February 2015 to February 2016, 2016.