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(영문) 대전지방법원천안지원 2020.03.12 2019가단115316

건물명도(인도)

Text

1. The Defendants are in turn indicated in Appendix 1 No. 1, 2, 3, 4, 5, 6, and 1 among the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) was related to the transaction with the Plaintiff as the company that manufactures and sells other fish-related machinery. However, in around 2014, Defendant C, the actual operator of Defendant C, was recommended by the Plaintiff to produce and look for typoids at the factory that is scheduled to be newly built on the F land in Y-dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Seoul Special Metropolitan City. On November 13, 2014, Defendant C (hereinafter “Defendant B”) established Defendant B (hereinafter “Defendant B”).

B. Around April 21, 2015, H, a major shareholder of G of the Plaintiff’s former representative director, was established as the Plaintiff’s employee as the representative director, and H, a corporation I newly constructed a factory of 2,312 square meters in Jdong-dong general steel structure board factory (hereinafter “one-story factory”) and real estate listed in the separate sheet (hereinafter “second factory”) in its own name on the land of Jdong-dong-dong, Chungcheongnam-gu, Seoul Special Metropolitan City.

C. From June 1, 2015 to September 29, 2017, K Co., Ltd. leased KRW 67,375,000 per month from June 1, 2015 to September 29, 2017, and Defendant B leased each of the above factories from K Co., Ltd. around June 1, 2015 to September 29, 2017. The period of sub-lease was set as KRW 67,375,00 per month from June 1, 2015 to September 29, 2017.

(hereinafter “instant sublease contract”). D.

In addition, the defendant C transferred the head office to the location of the first and second factory around June 2015.

E. After the conclusion of the instant sub-lease contract, Defendant B produced dives ordered by the Plaintiff from the Plaintiff in the 1, 2 plant, but failed to pay the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the 1, 2, 3, 4, 5, 6, and 1; and thereafter, Defendant B suspended the operation of the 1 factory upon receipt of the dives