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(영문) 수원지방법원 2019.01.16 2017가단523975
건물명도(인도)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. In around 2012, F Co., Ltd. (hereinafter “F”) leased stores located in the “G”, a building on the ground of Osan City E (hereinafter “instant building”) as indicated in the following table to the Defendants. At that point, Defendant B leased stores in JB, Defendant C, and Defendant D operated L stores and M Stores, respectively.

The part (A) attached Form 2, 2, 3, 4, and 1 of the attached Form 4 (the corresponding part of the building in this case) connected each point of the (D) part (1, 2, 3, 4, and 1 of the attached Form 3 drawings attached to the attached Form 2 to Defendant D, in sequence, connected each point of (a) part (a) of which is 87.4m2, 2, 3, 4, and 1 of the attached Form 3 drawings attached to the attached Form 1, 2, 3, 4, and 1 of the non-resident's store (the corresponding part of the building in this case) with each point of the (c) section (1, 2, 3, 4, and 1 of the non-resident's store are successively connected to the each point of (a) part (a) of

B. However, around March 31, 2015, N andO, the owner of the instant building, entrusted the instant building to P, and the relationship of the said building was changed. The first of all, F terminated the agreement with the Defendants on each of the above lease agreements, and Q leased the said building to Q Co., Ltd. (hereinafter “ Q”), and Q sub-leaseed it to the Plaintiff.

C. In addition, on March 30, 2015, the Plaintiff entered into a pre-loan agreement with the Defendants on each shop in which the Defendants had been operating and operating stores from the beginning. The main contents of the agreement are as follows.

(However, “A” and “B” refer to “the Defendant,” and “B”). The monthly management expenses (including value-added tax) of Defendant B JJ 62.6 million won under the contract of this case (including the actual payment of KRW 57 million) 2.2,50,000 won under the contract of this case, Defendant CK75,000 won (the completion of payment) of Defendant CK75,000 won under the contract of this case (the completion of payment) of this case 2,250,000 won.

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