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(영문) 서울서부지방법원 2015.08.13 2014가합37958
부동산명도 등 청구의소
Text

1. The defendant delivers to the plaintiffs each real estate listed in the separate sheet 1 and 2, and each of the above lists 3 and 4.

Reasons

Basic Facts

Plaintiff

A owns 6/10 shares of each real estate listed in Schedule 1 and 2 (hereinafter “each real estate of this case”), and Plaintiff B owns 4/10 shares of each real estate of this case.

Plaintiff

A around November 30, 2010, with the consent of Plaintiff B (hereinafter “D”) and the lease agreement has been renewed to D Co., Ltd. (hereinafter “D”) by leasing the real estate indicated in the Mapo-gu Seoul Mapo-gu Seoul E (hereinafter “E”) and the attached Table 1 List 2 on the ground (hereinafter “instant building”).

According to the lease contract finally renewed with respect to E and the instant building (hereinafter “instant lease contract”), the lease term of E land is from June 1, 2013 to May 31, 2014. The lease term of the instant building is from April 1, 2013 to March 31, 2014.

D On February 12, 2011, the Defendant and the real estate listed in Appendix 1 List 1, which is part of the instant building and E land (hereinafter “instant land”), concluded a sub-lease contract with the term of March 1, 201 to February 28, 201, covering KRW 40 million, monthly rent of KRW 4.5 million, and the term of lease from March 1, 201 to February 28, 2012.

D In addition, the same year

9. On May 30, 2012, the Defendant and the instant parking lot entered into a sublease contract with the Defendant for a lease deposit of KRW 10 million, monthly rent of KRW 1 million, and the lease term of KRW 10 million from May 30, 2012.

(2) In addition to each of the above sub-lease contracts, the Plaintiffs agreed to the conclusion of the instant sub-lease contracts, and the Defendant paid D monthly rent to D and runs a restaurant business on delivery of the instant land and buildings (hereinafter “each of the instant real estate”).

The defendant newly constructed the real estate indicated in attached Table 1 No. 3 on the ground of 75 square meters, which connects each point of the attached Table 1, 2, 3, 4, 12, 11, 10, 9, and 1 among the land of this case, and the warehouse and the kitchen shall be the same.

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