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(영문) 인천지방법원부천지원 2016.11.11 2015가단26131

건물명도등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. Each building listed in the separate sheet (the main wall of each building is destroyed in the registration injury, and the structure is modified and used as a single building; hereinafter collectively referred to as the “instant building”), among the buildings listed in the separate sheet, the Plaintiff is 20/20, and C and D are equity right holders, respectively. The Defendant entered into a lease agreement with the Plaintiff on part of the second floor of the instant building as follows, and is operating a dental hospital with the trade name of “E” until the closing date of the pleadings of the instant case.

B. On March 25, 2010, the Defendant entered into a sub-lease agreement with the deceased F, the former owner of the instant building, and with respect to the second floor of the instant building, and started the operation of the dental hospital by taking over the second floor of the instant building from G around that time.

C. As to the Defendant on December 16, 2014 for the repair and reconstruction of the instant building, C and the Plaintiff

(2) On the ground that the sub-lease contract period under B expires on March 25, 2015, this Court filed a lawsuit for a claim, including the name of the building, etc. at this Court 2014da50786. The Defendant and the following, prepared an agreement with the Defendant on consultation (Evidence (Evidence A5) with the content of “D,” and withdrawn the said lawsuit on April 6, 2015.

On March 2015, the Plaintiff (the Plaintiff entered the name of the Plaintiff, C, and D, but only the Plaintiff signed and sealed the name among them) entered into an agreement with the Defendant on the terms of approximately 45 square meters indicated in the drawings of the instant building on the premise that the Defendant and the second floor of the instant building can repair and rebuild the instant building, which was set up two years from the time when the Defendant could normally use the instant building on the terms of approximately 5 square meters indicated in the drawings of the instant building on the premise of the repair and rebuilding of the instant building.

(hereinafter referred to as the “instant agreement”) Article 3 (Obligation of the Defendant) ① When installing an elevator indoors of the elevator, the first medical room inside the hospital is the Plaintiff, C, and D (hereinafter referred to as the “Plaintiff, etc.”)

the Corporation. The convenience for the Corporation.