logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.10.22 2013가합7288
건물명도
Text

1. Defendant C:

(a) deliver the real estate listed in the separate sheet;

(b) An annex from September 4, 2013 to the Schedule.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence 1, 2, 3, 4, and Eul evidence 1-1, 2, Eul evidence 1-2, Eul evidence 1-1, and Eul evidence 3-2, and Eul evidence 3-2.

(1) On August 10, 2012, the Plaintiff: (a) leased the instant building owned by the Plaintiff to Defendant B by setting the lease deposit of KRW 20,00,000,000 per month; (b) KRW 90,000 per month; (c) from August 25, 2013 to August 25, 2012; and (d) the period from August 25, 2012 to August 25, 2014 (hereinafter “instant lease agreement”).

(2) Under the above lease agreement, Defendant B paid the Plaintiff KRW 20,000,000 as lease deposit, and around that time, received the instant building from the Plaintiff. On September 4, 2012, Defendant B reported the restaurant business with the trade name “D” and commenced the restaurant business.

B. Defendant C’s commencement of business (1) Meanwhile, Defendant B was suspended from restaurant business from January 2013, but the following agreements with Defendant C around May 2013 (hereinafter “instant agreement”).

Defendant B transferred all the facilities installed in the instant building to Defendant C for the said restaurant business. Defendant C paid KRW 20,000,000 to the Plaintiff deposit KRW 20,000 per month and KRW 900,000 per month (Provided, That as stipulated in the instant lease agreement, the amount shall be increased to KRW 950,000 from August 25, 2013) in accordance with the instant agreement; Defendant C paid KRW 20,000,000 on two occasions on May 9, 2013 and on two occasions on May 24, 2013; thereafter, Defendant C commenced the restaurant business in the instant building with the trade name “E”.

2. The parties' assertion and the issues of this case

A. The Plaintiff’s assertion ① not only sublet the instant building to Defendant C without the Plaintiff’s consent, but also is three months from June 2013 to August 2013.

arrow