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(영문) 울산지방법원 2015.03.13 2014가단30529

건물명도

Text

1. The Plaintiff:

A. Defendant B received KRW 80,000,000 from the Plaintiff, at the same time, real estate listed in attached Table 1.

Reasons

1. As to the claim against the defendant B

A. (1) On June 1, 2014, Defendant B (the spouse of Defendant C) leased, respectively, real estate listed in attached Form 2 (hereinafter referred to as the “instant store”) from Nonparty D and E for the lease deposit of KRW 80 million, monthly rent of KRW 2 million, and from June 1, 2014 to January 30, 2015, respectively.

(2) Defendant B paid KRW 80 million to D and E at the time of the instant lease contract, and possessed the business with the trade name of “F” at the instant store.

(3) On October 17, 2014, the Plaintiff acquired the ownership of the instant store, and agreed to the effect that “the Plaintiff succeeds to the status of the lessor under the said lease contract” D, E, the Plaintiff, and Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, the purport of the whole pleadings

B. The Plaintiff is the owner of the instant store and the lessor of the instant lease, and the Defendant B is the lessee of the said lease.

The lease of this case No. 1 is now terminated by the Do of the term of lease.

Defendant B, barring any special circumstance, is obligated to receive KRW 80 million from the Plaintiff as the Plaintiff is, as the Plaintiff is, to deliver the instant store at the same time, according to the Plaintiff’s status.

2. As to the claim against the defendant C

A. The facts of recognition (1) Defendant C (the spouse of Defendant B) set on December 25, 201, the lease deposit amount of KRW 40 million, monthly rent of KRW 300,000,000, and the lease term of KRW 300,000,000,000 from December 25, 201 to January 30, 201, respectively.

(2) Defendant C had resided in the instant house after paying a deposit of KRW 40 million after the lease contract of the instant second lease, and even after the lease was implicitly renewed, the instant house is located until now.