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(영문) 서울중앙지방법원 2017.06.22 2016가단5064643

건물인도등

Text

1. The plaintiffs' primary claim against the defendant and the preliminary claim 1 to 5 are dismissed respectively.

2. The defendant.

Reasons

1. Facts of recognition;

A. Conclusion of a trust contract 1) Plaintiff’s biochemical Real Estate Trust and Non-Party Mocck Co., Ltd. (hereinafter “Mock Co., Ltd.”)

A) In relation to the new construction and sale of an aggregate building (C commercial complex building) on land outside Dongjak-gu Seoul Metropolitan Government, and one parcel of land (C commercial complex building), which was implemented by Mocccccck, concluded a land-based trust agreement with the mothercck to trust the above land and the aggregate building to the above Plaintiff and sell it in lots (Disposal). (2) The Plaintiff SP Construction Co., Ltd. (hereinafter “Plaintiff SS Construction”) completed the new construction of the said aggregate building as the priority beneficiary of the above trust agreement, as the Sicctor, and on February 14, 2011, the Plaintiff Nc real estate trust made the registration of initial ownership of the said aggregate building on the ground of the trust agreement.

3) Meanwhile, in the above trust contract, Moccccck entered into a lease contract and a modified contract. (B) On March 19, 2013, the Defendant entered into a lease contract (hereinafter “instant lease contract”) on the first floor of Mocck Co. 126 and 127 (including each real estate listed in the attached list; hereinafter “instant store”) with respect to the said commercial building on March 19, 2013 (hereinafter “C commercial building”). The lessee entered into a lease contract (hereinafter “instant lease contract”). Since the delivery of the instant store, the Defendant is operating a restaurant with the name of “D” while occupying the instant store from around the time to the date of closing the argument of the instant case.

A lessor: A Moccck, a lessee: A deposit for the lease of Pakistan: 60 million won: from May 1, 2013 to April 30, 2017: A deposit: from May 1, 2013 to April 30, 2017: A deposit shall be borne by Mock for the period of 10.8 million won per month (excluding value-added tax) and 24 months within the contract period, and the Defendant shall bear the charge from 25 months to

The defendant is the vehicle, and shall be deposited into the bank account in the name of the plaintiff's old real estate trust.

Penalty: Where a penalty is terminated even if it is due to a cause attributable to the defendant during the lease period.