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(영문) 부산지방법원 동부지원 2017.03.08 2016가단5346

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) pay 200,000 won;

2. The plaintiff.

Reasons

1. Basic facts

A. Between C and C, the Plaintiff concluded a sub-lease contract between the monthly rent of KRW 1.5 million and the sublease period from August 15, 2015 to August 14, 2016 with respect to the buildings listed in the separate sheet.

B. On August 28, 2015, the Plaintiff installed facilities necessary to operate a restaurant on the building stated in the above paragraph 1(a), and operated a mutually named “D” restaurant after completing business registration under the Plaintiff’s name.

(hereinafter “instant restaurant”). (c)

On November 2015, the Plaintiff agreed to operate the instant restaurant along with the Defendant. On November 25, 2015, the Plaintiff provided the Defendant’s 1,653 square meters of land as security to the Busan City Fisheries Cooperatives, the Defendant’s mother, Kimhae-si, Kim Jong-si, the Defendant’s mother, and was loaned KRW 100,000,000 to the Plaintiff as the debtor.

In addition to the operating funds of the restaurant of this case, the plaintiff is for the purpose of personal use of the plaintiff.

After determining to borrow KRW 15,00,000, out of the loans 100,000 as stated in the subsection (hereinafter “the instant loan”), G, the Defendant’s spouse of the Defendant, as the obligee, entered the loan certificate (hereinafter “the instant loan certificate”) and granted it to B.

E. On December 17, 2015, the Plaintiff entered into an operating agreement with the Defendant to operate the restaurant of this case independently. The details of the agreement are as follows.

(hereinafter “instant operating agreement”). All expenses incurred in using and earning profit from the instant restaurant, including monthly rent, taxes and public charges, and fines, shall be liable to the Defendant.

The defendant shall pay KRW 30,000 per day to the plaintiff.

(hereinafter “the proceeds of this case”). In the event that premium occurs in the next subsequent business place, one half of the total amount shall be the lessee of the lease agreement, the remainder shall be one half of the Plaintiff and the Defendant respectively, and the half of the amount shall be divided from the first deducted amount of KRW 15 million borrowed by the Plaintiff to the Defendant.

(1) be delivered to the lessee;