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(영문) 수원지방법원성남지원 2015.11.18 2015가단203584
건물인도 등
Text

1. Defendant C, D, E shall deliver the building listed in the attached list 1 to Plaintiff A, and the attached list 2 to Plaintiff B.

Reasons

1. Basic facts

A. Plaintiff A is the owner of the building listed in the attached Table 1 (hereinafter “instant real estate”), and Plaintiff B is the owner of the building listed in the attached Table 2 (hereinafter “instant two real estate”).

Each real estate of this case is actually used as one space with partitions and walls among them.

나. 피고 E과 피고 C은 2011. 8.경 쭈꾸미 음식점 경영과 프랜차이즈 사업을 함께 하기로 하고 2011. 10.경부터 성남시 분당구 G에서 ‘H식당’을 운영하면서 2012. 3.경부터 이 사건 각 부동산에서 ‘I식당’도 운영하였다.

C. On March 19, 2014, the Plaintiffs concluded a lease agreement with Defendant C and D, setting each of the instant real estate as KRW 40,000,00 for each deposit, KRW 4,620,00 for each of the rents (including value-added tax) and each of the lease periods from February 20, 2014 to February 19, 2015.

Under each of the above lease agreements on each of the instant real property, Defendant C, D, and E continued to operate the “Icafeteria” in each of the instant real property.

Defendant C and D are registered as joint business operators of the above restaurant.

E. As Defendant C and D have been in arrears for more than two years, the Plaintiffs sent to Defendant C and D the declaration of intent to terminate the lease agreement on each of the instant real estate. The Plaintiff’s aforementioned content certification was finally delivered to Defendant C and D on November 7, 2014. The Plaintiff’s content certification was finally delivered to Defendant C and D on November 17, 2014. The Plaintiff’s content certification was finally delivered to Defendant C and D on November 17, 2014.

F. The Plaintiffs, with Defendant F, who is the spouse of Defendant C, D, E, and Defendant F, as the debtor, completed the enforcement on February 24, 2015 upon receipt of the provisional disposition prohibiting the transfer of possession of each of the instant real estate.

G. Meanwhile, from April 20, 2015, Defendant C alone operates the “I restaurant” in each of the instant real estate from April 20 to April 20, 2015.

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