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(영문) 서울북부지방법원 2020.02.07 2018가단141678

건물명도(인도)

Text

1. Defendant E:

A. Of the 1st underground floor of the building listed in the separate sheet No. 1 list, the Plaintiffs indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 7.

Reasons

1. Facts of recognition;

A. On October 29, 2012, I (hereinafter “the deceased”) donated the instant building that he/she owned to Plaintiff A, his/her father, and Plaintiff B and D, who were children of Plaintiff A, on October 29, 2012, according to the following ratio of shares, and completed the registration of relocation on October 30, 2012.

Plaintiff

AJ 800/1840/1840 560/1840 305/1840 175/1840 1

B. Defendant E, around September 10, 2010, ordered from the Deceased No. 1. A

The part of the port building (hereinafter referred to as “the (A) part of the instant building”) is operating K after setting the deposit amount of KRW 20 million and KRW 1650,000 per month.

C. On April 13, 2018, Defendant F entered into a contract with J to lease the (b) portion of the instant building with a deposit of KRW 10 million, monthly rent of KRW 880,000 (including value-added tax, monthly rent of KRW 1,00,000 (including value-added tax), and the period from April 17, 2018 to April 16, 2020 (hereinafter “L” in the said part of the building.

On October 28, 2015, Defendant G entered into a contract with Plaintiff A to lease the instant building M with a deposit of KRW 20 million, KRW 1.65 million per month, monthly rent (including value-added tax, and KRW 28,000 per month), and the period from October 28, 2015 to October 28, 2017, and operate “N” in the said part of the building.

E. On June 20, 2018, Defendant H entered into a contract with J to lease the (C) portion of the instant building with a deposit of KRW 25 million, KRW 1540,000 per month, KRW 1540,000 per month (including value-added tax, and KRW 28,000 per month), and the period from July 15, 2018 to July 14, 2020 (hereinafter “instant lease agreement”) and operates “O” in the said part of the building.

[Ground for Recognition] Defendant E: The entries of evidence No. 1, 2, 3, A-3-1, 2, 1-1, 3, 6, 2-2, and 2-1, 1-1, 3, 6, and 2-1 of the evidence No. 1-1, 2, 3-2, and 3-2, and the purport of the whole pleadings

2. As to the part (A) of the instant building claimed against Defendant E.