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(영문) 부산지방법원 2016.10.14 2016나43886
건물명도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On June 15, 2008, Defendant A entered into a lease agreement (hereinafter “instant first lease agreement”) with respect to the first shop of this case, setting the lease deposit amount of KRW 40 million and the lease period of KRW 2 years between Defendant A and a comprehensive movable construction company (hereinafter “instant first lease agreement”).

The building listed in the attached Table 1, with the first shop in this case, was transferred from the General Construction Co., Ltd. to the trust in the name of Crocco Asset Trust, and thereafter the ownership was transferred to the Simmc Co., Ltd., and the Plaintiff was entrusted from the Simc Co., Ltd., and completed the registration of ownership transfer on the ground of the trust on May 21, 2014.

B. On October 10, 2003, Defendant B entered into a lease agreement (hereinafter “instant second lease agreement”) between Defendant B and C, setting the lease deposit amount of KRW 15 million and the lease term of KRW 2 years with respect to the instant second lease.

The building listed in the attached Table 2, with the second shop in this case, has been transferred in sequence from C to C in the name of a movable comprehensive construction company and a joint assets trust company, and thereafter the ownership has been transferred to Simmc Co., Ltd., and the Plaintiff was entrusted from Simc Co., Ltd., and completed the registration of ownership transfer on the ground of the trust on May 21, 2014.

C. On May 12, 2015, Simpa Co., Ltd. sent to the Defendants a certificate of content to the effect that each of the instant lease agreements is terminated and each of the instant stores was sought to be delivered. This reaches Defendant A on May 14, 2015, and Defendant B on May 13, 2015, but the Defendants occupy each of the instant stores until now.

On the other hand, since the conclusion of each of the instant lease agreements, Defendant A operates an automobile affiliated company with the trade name of “E” at the first shop of this case, and Defendant B operates the automobile affiliated company with the trade name of “D”. The Defendants are the location of each of the instant stores.

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