logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.06.13 2016가단31557
건물명도등
Text

1. The defendant shall receive KRW 1,00,000 from the plaintiff, and at the same time, drawing up the attached Form 2 among the buildings listed in the attached Table 1 to the plaintiff.

Reasons

1. Facts of recognition;

A. On February 16, 2016, the Plaintiff is an owner who has completed the registration of ownership transfer by winning a successful bid at the Incheon District Court B real estate auction procedure (hereinafter “instant auction procedure”).

B. 1) Of the buildings listed in the separate sheet Nos. 1, 2, 3, 4, and 1 as indicated in the separate sheet No. 2, the part of the office 45 square meters connected to the Defendant and Nonparty C (hereinafter “instant real estate”).

(i)10,000,000 won for lease deposit, 200,000,000 for monthly rent, 12 months for the term of lease (a special agreement: if no special condition occurs at the maturity of the lease, the contract shall be automatically extended and due.

If any case occurs, a mutual notice shall be given one month before the expiration of the case.

(A) On March 5, 2011, a lease agreement (No. 2) signed on March 5, 201 with the content of the lease that was determined and leased (a.g., “instant lease agreement”).

(2) On April 27, 201, the Defendant transferred KRW 10,000 to C on April 27, 2011. (2) The Defendant received the instant real estate on March 7, 201, and filed an application for business registration at the seat of the instant real estate on April 29, 201.

C. 1) On November 24, 2014, the Defendant filed a report on rights and filed an application for demand for distribution pursuant to the instant lease agreement at the instant auction procedure. (2) On March 24, 2016, the Defendant received dividends of KRW 9,000,00 as a small lessee at the instant auction procedure, and on the same day, the said distribution schedule became final and conclusive.

On February 16, 2016, the Plaintiff filed an application against the Defendant for a real estate delivery order with the Incheon District Court D, but was dismissed on April 15, 2016 on the ground that “the Defendant has opposing power.”

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 6 evidence, Eul’s 1 through 4, and 6 through 8, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff asserts as follows. A) The defendant asserts the lease contract of this case.

arrow