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Reasons
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(영문) 수원지방법원 2018.01.12 2017가합15372
건물명도
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1. As to KRW 364,538,860 and KRW 333,711,616 among the Plaintiff, Defendant C shall be from January 16, 2017 to January 12, 2018.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a building E, a commercial building, the third underground and the 12th floor above the ground, on the land level of the wife population D and the 12th floor above the land level, the Plaintiff is a party to the agreement (hereinafter “instant commercial building”).

2) F Co., Ltd. (hereinafter “F”) as the executor of the new construction project

(2) Defendant B (hereinafter “B”) is the person who leased the said store G of the said commercial building (hereinafter “instant store”), and Defendant C was a person who transferred the said store from Defendant B to operate the said store at the said place.

B. On May 18, 2005, H entered into a sales contract with F to sell the instant store from F (hereinafter “instant sales contract”). H entered into a sales contract with F to sell the instant store (hereinafter “instant sales contract”).

2) Defendant B entered into a lease agreement with H on May 10, 2007 with the consent of F prior to the full payment of the price for the above sales contract, and Defendant B entered into a lease agreement with H on the condition that the instant store was leased KRW 600,000,000, monthly rent of KRW 4,000,000 (value added tax) and KRW 24 months from the delivery date of the said store (hereinafter “instant lease agreement”) and the said lease agreement continued to be renewed on the same condition as the previous contract.

3) Meanwhile, Defendant B and H agreed to sub-lease the instant store under the special contract clause of the instant lease agreement, and Defendant B agreed to the H on June 12, 2007. As such, Defendant B and C agreed to sub-lease the instant store from Defendant C by setting the 100,000,000,000,000,000, monthly rent, 6,916,67 won (including lease fee, value added tax), and the sublease period from December 1, 2007 to November 30, 2008 (hereinafter “sub-lease contract of this case”).

2.3.2

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