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(영문) 대구지방법원포항지원 2014.12.11 2013가단303090
건물명도
Text

1. The Defendant received KRW 210,000,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) the real estate listed in the separate sheet;

Reasons

1. Basic facts

A. On May 31, 2006, the Defendant entered into a lease agreement with B as to the 46th left-hand store of the first floor as to the lease deposit amounting to 160,000,000, and the lease term from June 27, 2006 to June 26, 2011. In order to secure the above lease deposit, on July 19, 2006, the Defendant entered into a lease agreement with B as to the whole of 193.72 square meters of the first floor among the instant real property as to the lease deposit amount, and completed the lease agreement with the Defendant, the lease deposit amounting to 160,00,000,000, and from June 27, 2006 to June 26, 2006 to June 25, 2011 (hereinafter referred to as the “right to lease on a deposit basis”).

B. After December 2, 2010, C purchased the instant real estate, and the Defendant newly concluded a lease agreement between C and C on approximately 120 square meters on the left side of the road of the first and second floor of the instant real estate (hereinafter “the instant real estate”), which covers the lease deposit of KRW 210,000,000 and the lease term of KRW 2020,00,000, and thereafter, D and E purchased the instant real estate. Accordingly, the Defendant concluded a new lease agreement between D and E on December 30, 201 with respect to the instant real estate (hereinafter “the instant lease agreement”).

C. The Plaintiff entered into a sales contract for the instant real estate between D and E on May 22, 2013 and the same year.

6. 25. 25. Daegu District Court's receipt of the branch court's distribution support No. 56600 completed the registration of ownership transfer.

On July 31, 2013 and September 11, 2013, the Plaintiff sent a certificate to the Defendant that “a lease agreement on the subject matter of this case shall be KRW 100 million and KRW 5 million per month, and if the Defendant did not comply therewith, the Plaintiff shall be deemed to have terminated the existing lease agreement.” However, the Plaintiff is the Plaintiff.

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