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(영문) 부산지방법원 2017.09.26 2017가단300936
부동산인도 청구의 소
Text

1. The part of the instant lawsuit against Defendant C regarding the claim for extradition shall be dismissed.

2. Defendant D shall list the plaintiffs in attached Form.

Reasons

1. Basic facts

A. On January 29, 2015, E completed the registration of initial ownership of real estate listed in paragraph (1) of the [Attachment List (hereinafter “instant building”) and completed the registration of ownership transfer on October 2, 2014 with respect to shares of 1/2 of the said real estate to the Plaintiffs on February 9, 2015.

B. Around November 21, 2011, Defendant C entered into a lease agreement with E on the lease period between December 11, 201 and December 10, 201 with respect to the instant building in a state of non-registration, and opened and operated a coffee specialty store (hereinafter “instant coffee specialty store”).

C. Although Defendant C requested an extension of the term of lease upon the expiration of the said term of lease, the said term of lease was not concluded, E filed a lawsuit on the delivery of a building against Defendant C (hereinafter “instant previous lawsuit”).

During the process of the instant previous litigation, the Plaintiffs participated in the said lawsuit as E’s succeeding Intervenor, and the conciliation was concluded on July 22, 2015 as follows.

(hereinafter “instant protocol of mediation”) On December 1, 2016, Defendant C received KRW 30 million from the Plaintiffs until December 31, 2016, and at the same time deliver the instant building to the Plaintiffs.

In such cases, the defendant C does not claim for the necessary non-profit expenses paid to E or the plaintiffs for the above building, but does not claim any similar right, such as premium or lien.

2. If Defendant C fails to pay the rent of KRW 7.5 million per month at least twice a month, Defendant C loses the benefit of time and promptly delivers the building described in paragraph 1 to the Plaintiffs.

E. On December 22, 2016, Defendant C additionally registered Defendant D, the captain of the instant coffee specialty store, as a co-principal of the instant coffee specialty, as a co-principal of the instant coffee, and jointly with Defendant D, occupied the instant building.

F. Defendant C has a term of lease.

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