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(영문) 대전지방법원 2021.01.21 2019나116250
건물명도(인도)
Text

The judgment of the first instance is revoked.

All of the plaintiff's lawsuits against the defendants are dismissed.

The plaintiff's total costs of litigation.

Reasons

1. Basic facts

A. On April 30, 2013, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) leased the part of the 1st floor E and F of the commercial building located in the Y-si, the Y-si, the Y-si, the J-si, the Y-si, the G-si, the G-si, the G-si, the G-si.

B. On April 17, 2017, the Plaintiff entered into a sublease contract with the Defendant Company and the part (5.5 square meters) of 18.1819 square meters (hereinafter “instant store”) located in the said G G G market (hereinafter “instant store”) with a deposit of KRW 20 million,5-10 percent of the monthly rent, 5-10 percent of the monthly rent, and the period of lease from May 1, 2017 to 24 months (hereinafter “the instant sublease contract”).

(c)

On the other hand, if the purchaser does not pay the sales price directly in the store and makes a lump sum payment in the Smarket calculation unit, the sales price of the above refined meat store was later paid by settling accounts for the remaining sales after deducting the fee such as rent from the sales price of the refined meat store to the operator of the refined meat store.

Accordingly, upon receipt of the instant store from the Defendant Company on May 1, 2017, the Plaintiff receives the delivery of the instant store from the Defendant Company, and, in relation to the operation of the instant store, “The Plaintiff shall pay a fixed fee under mutual agreement upon request from both parties, and shall pay it after deducting KRW 4.5 million on the 25th day of each month (credit card, points separately), and the settlement of sales shall be paid on the 5,15,000 won on the 25th day

“The instant fee standard contract” (hereinafter referred to as “the instant fee contract”) was concluded.

(d)

On May 4, 2017, the Plaintiff registered the instant store with the trade name “H” as its place of business, and had been a year since the date of registration.

At the same time, I began to operate the refined meat store, and around November 2017, the plaintiff's health has deteriorated, and I has been in charge of I with the overall duties concerning H business.

E. At around November 2017, I received the instant sub-lease agreement in the name of the Plaintiff, which was kept in the instant store, and the instant case.

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