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(영문) 서울동부지방법원 2017.12.22 2016가합104393

건물명도

Text

1. The plaintiff A:

A. Defendant C and E jointly share KRW 96,516,66 and those related thereto from October 20, 2015 to October 20, 2017.

Reasons

1. Basic facts

A. Of H apartment commercial buildings located in G G in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “1”) 101 through 109, the Plaintiff and I share 1/2 shares each, and each of the buildings listed in the separate sheet of the underground floor of the above commercial building (hereinafter “2 building”) in the separate sheet of the above commercial building building (hereinafter “the second building”) are owned by Plaintiff B and I for 2012, each of which is owned by Plaintiff B and I for 1/2 shares each, respectively. In the case of the first building, during the duration of the lawsuit in this case, Plaintiff C&C was awarded a successful bid at the auction procedure and completed the registration of ownership transfer on June 8, 2017.

B. The Plaintiffs used the 2nd building as the warehouse of the said Smarket in operating the Smarket (hereinafter “Smarket”) with the trade name “J” in the 1st building.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 14 evidence (including those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' assertion

A. Defendant C: (a) leased the first building from Plaintiff A and transferred all of the instant Schlage facilities and businesses including the second building from Plaintiff B; (b) did not pay rent, etc. on July 4, 2013; (c) even if the lease contract and the transfer contract was terminated or terminated on July 4, 2013, Defendant C occupied and used the first and second buildings from December 1, 2012 to December 21, 2014, which are the date of lease commencement; (d) operated the instant Schlage while occupying and using the first and second buildings; and (e) Defendant D and E occupied and used the first and second buildings with Defendant C without any authority during the said period.

After that, from December 22, 2014 to May 31, 2015, Defendant C occupied and used the first and second buildings from Defendant C, and from June 1, 2015 to June 1, 2015, Defendant F occupied and used the first and second buildings from Defendant C while operating the instant Schlage.

In addition, Defendant C did not pay the Plaintiff B the transfer price of KRW 150 million based on the above business transfer agreement and did not pay the Plaintiff KRW 150 million directly or indirectly.