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(영문) 대구지방법원포항지원 2015.10.20 2015가단3653
건물명도
Text

1. The Defendants are to the Plaintiff:

(a) Ordering the entire underground floor (228.62 square meters) among the real estate listed in the attached list;

B. Doese, 2015

Reasons

1. Basic facts

A. On November 21, 2013, the Plaintiff, the owner of the real estate listed in the separate sheet, entered into a lease agreement with Defendant B on the entire underground floor (hereinafter “instant store”) among the real estate listed in the separate sheet between November 23, 2013 and November 22, 2015, with the deposit deposit amount of KRW 10,000,000, monthly rent of KRW 1,320,00 (including value-added tax). Defendant C operated an entertainment tavern in the name of “D” from November 23, 2013 to the instant store.

B. Around August 2014, the Defendants transferred the sales right to the instant store to Nonparty E. Accordingly, on August 14, 2014, the Plaintiff changed the lessee’s lease period from August 14, 2014 to August 13, 2016, respectively, with respect to the said E and the instant store. The deposit and the monthly rent are as follows.

The same lease contract as the lease contract stated in the subsection was newly concluded, and E was registered to operate the store of this case on the same day.

C. On January 30, 2015, the Plaintiff and E terminated the instant store lease agreement, and E returned the instant store to the Plaintiff after restoring it to the original state.

The Defendants replaced the locks of the entrance door of the instant store on February 3, 2015, and prevented the Defendants from entering the said store except the Defendants. As of the date of closing argument of the instant case, the Defendants occupied the instant store as of the date of closing argument.

[Reasons for Recognition] Unsatisfy, each entry and video of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, the lease contract for the store of this case between the Defendants and the Plaintiff was terminated on August 14, 2014. Thus, from February 3, 2015, the Defendants’ possession of the store of this case from February 3, 2015 constitutes an illegal possession without title, and barring special circumstances, the Defendants are obligated to deliver the store of this case to the Plaintiff. 2) The Defendants are obligated to deliver the store of this case to E around August 2014.

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