(영문) 대전지방법원 2014.07.23 2013가단217143

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(영문) 대전지방법원 2014.07.23 2013가단217143

건물명도

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 11, 2008, the Plaintiff and C, who owned the building listed in the separate sheet (hereinafter “instant building”) entered into a lease agreement with D on the second floor of the instant building (hereinafter “instant lease agreement”) with D as follows.

1) Period: Deposit money: 40,000 won per month from October 20 to October 19, 2010: 40,000 won: 40,000 won per month (excluding value-added tax, payment on the 20,000 won per month in advance): Management expenses: 30,000 won per month: Exemption for the first three months: but the management expenses for the first three months; however, the monthly rent shall not be exempted; 30,000 won for one year from the date of the lease in lieu of the additional use of 85 square meters for the second floor; and 50,000 won thereafter. The rent shall be deposited 1/2 each with the Plaintiff and C; and management expenses and public charges shall be deposited into a separate account in the name of C. D. The foregoing part of the 2nd floor of the building (hereinafter “instant 2nd floor”).

(C) The Plaintiff and C, the inherent owner of the instant building, upon the agreement on partition of co-owned property around September 28, 2012, have owned the instant building solely by the Plaintiff, and upon the change in the ownership of the building, the Plaintiff and C, upon the agreement on October 20, 2012, paid to the Plaintiff all money, such as rent, management fee, and public charges, during the period after October 20, 2012. D. The Defendant used the name of the instant restaurant and the name of the Defendant after registering the business of the instant restaurant. The Defendant, on May 12, 2014, delivered the instant restaurant to the Plaintiff on May 12, 2014, including the following: (a) the Plaintiff and C, as the sole owner of the instant building, owned the instant building by the Plaintiff.

2. Determination on the cause of the claim

A. The plaintiff's assertion.

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