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(영문) 서울동부지방법원 2020.05.27 2018가단108576

건물명도(인도)

Text

1. The defendant

A. Buildings listed in the attached Table simultaneously with receiving KRW 10,000,000 from the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 4, 2015, the Plaintiff entered into a real estate lease agreement with the Defendant as of June 10, 2015, with respect to the buildings listed in the separate sheet (hereinafter “instant building”), with no deposit or monthly rent, and on June 9, 2016, with the term from June 10 to June 5, 2016. On June 5, 2015, the Defendant runs real estate brokerage business using the registered trademark and trade name, such as “C” owned by the Plaintiff in the instant building, etc., and in return, the Defendant deposited 10,000,000 won as to operating rights, and in return, the Defendant paid 10% of monthly sales to the Plaintiff as royalties, with the monthly rent 2,00,000,000, and with the cost of settlement of actual expenses, such as advertisement and publicity, and with respect to book printing expenses, and the Defendant did not enter into a contract for the same type of business as before or after June 10 to 2016.

B. On April 8, 2016, the Plaintiff entered into a contract to amend the terms and conditions of the instant agreement with the Defendant (hereinafter “instant agreement”) with each of the following terms and conditions: (a) the term of the contract from June 10, 2016 to June 9, 2017; (b) the term of the instant agreement from June 10, 2016 to June 6, 2017; and (c) the term of the contract from June 1, 2017 to May 31, 2018.

C. On June 11, 2015, the Defendant registered his/her business with the trade name “D” in the instant building, and thereafter, from June 2017, the Defendant operated his/her business with the trade name “E” in the instant building, using the name of the trademark or trade name owned by the Plaintiff from around June 2017, and removed the trademark or trade name owned by the Plaintiff from the signboard around November 2017. The Plaintiff on February 6, 2018.