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(영문) 부산지방법원 2019.11.28 2018가단304041
건물명도(인도)
Text

1. Defendant B’s KRW 18,300,000 as well as 5% per annum from May 18, 2019 to November 28, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is in a de facto marital relationship with D (hereinafter “the deceased”) and is a person who sells food in the name of “G” from Yangsan-si E (hereinafter “instant commercial building”) in Yangsan-si E (hereinafter “instant commercial building”); Defendant C is the deceased’s fault; Defendant B is a male-child of the deceased, and Defendant B was appointed as a guardian of H (I)’s child on May 21, 2018 (B009, Busan Family Court 2018).

B. From September 3, 2017 to September 2, 2022, the Deceased entered into a lease agreement on behalf of the Plaintiff’s mother with K as to the instant commercial building (hereinafter “previous lease agreement”). From September 3, 2017 to September 2, 202, the lease deposit amount of KRW 30,000,000, and KRW 2,500,000,000 (Additional Tax) for the rent month (hereinafter “previous lease”).

(2) From September 25, 2017 to September 202, 2017, the Plaintiff directly remitted the deposit amount of KRW 4,000,000 to the deposit account in the name of K on or around July 20, 2017. The remaining KRW 26,00,000 to the Plaintiff, and the Deceased transferred the deposit money to the deposit account in the name of the Deceased on or around August 1, 2017, the Deceased paid the deposit to K on or around August 3, 2017. (2) The Deceased decided to change the lease term from September 25, 2017 to September 2, 202 to enter into the lease agreement (hereinafter “the lease agreement”). The lessee’s succession to the lease agreement of KRW 30,00,00 (hereinafter “the lease agreement of this case”), and the lessee’s succession to the lease agreement of this case to the lease agreement of KRW 250,500 (hereinafter “the lease agreement”).

3. On the other hand, on October 12, 2017, the Deceased registered his/her business with the date of opening the business as “ October 11, 2017”; the location of the instant commercial building; and the trade name as “G”.

(c).

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