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(영문) 수원지방법원 2016.10.11 2016가단16890
건물명도
Text

1. The Defendants, in sequence, each of the items indicated in the separate sheet Nos. 1, 2, 3, 6, and 1, is attached to the Plaintiff.

Reasons

1. Basic facts

A. On December 23, 2009, the Plaintiff completed registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant building”).

B. (1) On April 8, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the rental deposit amount of KRW 10 million, monthly rent of KRW 80,000,000, and the lease period of April 8, 201 as 24 months with respect to the instant temporary building and the instant building and the area of KRW 3,4,5,6, and3 indicated in the drawings on the land attached to (B) part of the temporary building (hereinafter “instant temporary building”).

(2) On April 15, 2011, Defendant B registered the instant building and temporary building with the trade name “F” and operated a restaurant.

C. (1) On January 22, 2014, the Plaintiff entered into a lease agreement with Defendant C regarding the instant building and temporary building with a rental deposit of KRW 10 million, monthly rent of KRW 800,000, and a lease agreement with no set period of lease (hereinafter “lease agreement on January 22, 2014”), and the Plaintiff did not receive the said lease deposit from Defendant C.

(2) On February 1, 2014, Defendant C registered the instant building and temporary building with the trade name “G”. D.

On October 29, 2015, the Plaintiff sent to the Defendants a written notice of the termination of the instant lease agreement as of April 7, 2016, which was five years from the date on which the instant lease agreement was concluded, by content-certified mail. On November 17, 2015, the lease agreement concluded on January 22, 2014 to Defendant C was drafted at the request of Defendant C to report to the tax office, and was not a new lease agreement was not concluded with Defendant C. Thus, the Plaintiff sent a written notice to the effect that the instant lease agreement was terminated as of April 7, 2016.

Grounds for recognition: number 1 to 4, and 1 of number .

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