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(영문) 대구지방법원 2015.06.11 2014가단124163

건물명도

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1. The Plaintiff, among the real estate listed in the separate sheet,

(a) Defendant A shall indicate the attached drawings (1), (2), (3), (4), (5), (6).

Reasons

1. Judgment on the plaintiff's claim

A. Facts of recognition 1) The Plaintiff is a 2nd underground and a 1nd ground-based building in Daegu Suwon-gu E (hereinafter “FD”)

(1) Pursuant to the concession agreement entered into with Daegu Metropolitan City, a person who has the right to use and make profits for twenty (20) years, as the person holding the right to use and make profits for the 20-year period, and on August 3, 2012

(C) the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) which is part of the Fmere.

(2) Around 2013, the Defendants leased their respective parts of the instant real estate, which are sub-leaseed from Nonparty Company as stipulated in Paragraph (1) of this Article, and run the KIKO, toy, and toy, or toy private teaching institutes.

3) The non-party company delayed the payment of rent and management expenses under the lease agreement with the Plaintiff, and the Plaintiff filed a suit against the non-party company against the non-party company on the grounds of the termination of the lease agreement by the Daegu District Court 2014Gahap200637. 4) On June 13, 2014, the lawsuit was in progress on June 13, 2014, where the non-party company did not pay 100 million won out of the unpaid rent by June 30, 2014, the decision of compulsory adjustment was finalized within 30 days from the date of delay, and the non-party company did not pay the above rent by the above date, and the above lease was terminated and the non-party company was also obligated to clarify the non-party company.

[Ground of recognition] For Defendant B: constructive confession, Evidence Nos. 1 through 5, Evidence No. 1-1, 2, 3, and Evidence No. 2-1, 2-2, and the purport of the whole pleadings, and the purport of the whole pleadings.

B. According to the facts found above, as long as the lease contract between the plaintiff and the non-party company was terminated, each of the above sub-lease contracts between the non-party company and the defendants was terminated.

Therefore, the Defendants are obliged to order the Plaintiff to explain each of the above possession parts.

2. Determination on the assertion by Defendant A, C, and D

A. The above defendants are the defendants.