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(영문) 대구지방법원 2017.06.28 2016가단121298
건물명도
Text

1. The Defendants shall list the Plaintiffs at the same time as Defendant C receives KRW 120,000,000 from the Plaintiffs.

Reasons

1. Basic facts

A. On July 9, 2014, the Plaintiffs entered into a lease agreement between the Plaintiffs and Defendant C (hereinafter “instant real estate”) as indicated in the separate sheet from F on July 9, 2014.

In purchasing, Plaintiff A acquired the ownership of 4/5 shares of the instant real estate, and Plaintiff B acquired the ownership of 1/5 shares of the instant real estate. (2) On July 2014, when acquiring the ownership of the instant real estate, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, which stipulates the lease deposit amount of KRW 120,000,000 for the instant real estate, as well as the lease deposit amount of KRW 5,000,00 for the instant real estate (value-added tax separate, and payment in advance on November 21, 2016) and the lease term as of November 21, 2016.

In concluding the instant lease agreement with Defendant C, the Plaintiffs agreed that “The lessee shall not sublease or transfer the right of lease without the lessor’s consent.”

3) On August 21, 2014, Defendant C registered his/her business as G and operated restaurant business in the instant real estate from that time thereafter. (b) Defendant C entered into a lease agreement between Defendant C and Defendant E on February 1, 2016, with respect to the instant real estate (hereinafter “instant lease agreement”). As to the instant real estate, Defendant C entered into a lease agreement with the following terms: “120,000,000,000,000,000,000,000,000,000,000,000,000, from February 1, 2016 to November 21, 2016.”

2) On February 3, 2016, Defendant E’s agent: (a) attached the instant lease agreement, etc. and applied for business registration with the head of the Busan District Tax Office as “G”; and (b) Defendant E became the representative of the said G; (c) Defendant E and Defendant D operated the instant real estate as a husband and wife and operated the instant restaurant of G.

C. On August 24, 2016, the Plaintiffs notified the termination of the instant lease agreement to Defendant C as to the instant real estate.

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