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(영문) 의정부지방법원 2016.11.29 2016가단102061

건물명도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5, Gap evidence 8-2, 4, 7, 8, and Eul evidence 1 and the whole purport of arguments as a result of the defendant's personal examination.

(1) The F Co., Ltd. (hereinafter “F”) is a corporation established for the purpose of manufacturing and selling medicine and non-pharmaceutical drugs, manufacturing and selling medical supplies and non-medical supplies, and manufacturing and selling health functional supplies.

(2) On November 18, 2013, the Plaintiff entered into a contract with the F to lease the leased object of this case to F by setting the lease deposit amount of KRW 15 million from December 31, 2013 to December 31, 2015, and KRW 1.3 million from December 31, 2015 (hereinafter “instant lease contract”).

B. The purpose of the instant building is Class II neighborhood living facilities (manufacturing facilities).

F used the leased object of this case as a medical supplies manufacturing factory or warehouse, as well as engaging in business activities such as concluding a contract on the supply of medical supplies by receiving orders from customers on the first floor of the container container store installed immediately before the leased object of this case.

C. On October 1, 2015, the Defendant Company B’s establishment and sub-lease contract (1) entered into a sub-lease contract with the Defendant Company B (hereinafter “Defendant Company”) which was scheduled to be established on October 1, 2015, setting the instant leased object as KRW 15 million, monthly rent of KRW 1.3 million, and then sub-lease the Defendant Company. The deposit and rent were paid at the time of sales within one year, taking into account that there was no sales by the Defendant Company.

(2) On October 5, 2015, the Defendant Company manufactures, sells, and exports and imports household goods, and manufactures and sells non-pharmaceuticals.