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(영문) 부산지방법원 동부지원 2018.02.14 2017가단213991
토지인도
Text

1. The Plaintiff is one of the area of 9,002 square meters in Busan-gun, Busan-gun.

A. Defendant B shall have the respective points indicated in the Appendix No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On October 1, 2013, the Plaintiff entered into a lease agreement with E Co., Ltd. (hereinafter “E”), the owner of forests and fields as indicated in the order (hereinafter “E”), which stipulates a deposit of KRW 5 million and KRW 600,000 per month for the portion on board (Ma) 286.75 square meters (hereinafter “the instant portion”) connected each point in sequence with the indication of the attached drawing indicating 12,14,15,16, and 13 among them.

The above lease contract includes a provision prohibiting the sub-lease of the plaintiff without the lessor's consent.

B. Around October 2013, the Plaintiff sublet the part (c) in the ship (b) (hereinafter referred to as “instant part (b)”) connected with each of the items in sequence indicated in the separate sheet No. 5, 6, 7, 8, and 5 (hereinafter referred to as “instant part (hereinafter referred to as “instant part”) and the part (c) (hereinafter referred to as “instant item (c)”) connected each of the items in sequence in the separate sheet No. 9,10, 11, 12, and 9 (hereinafter referred to as “instant part”) to Defendant C, and Defendant C installs two containers in the instant part (b) and (c) and operates a coffee store.

C. On April 2014, the Plaintiff sublet the part (A) (hereinafter referred to as “the part (a) of the instant case”) connected with each of the items in the attached drawing Nos. 1, 2, 3, 4, and 1 (hereinafter referred to as “instant part”) to Defendant B in the order of each of the items in the attached drawing Nos. 1, 2, 3, 4, and 1, and Defendant B installed a prefabricated position panel building in the instant part (a) and operates a sulfic.

The Defendants, with the Plaintiff’s implied permission, installed a string plate on the ship (D) that connects each point of the (e) part of the instant case, (2), (3), (4), (5), (6), (7), (8), (9), and (1).

E. The Defendants, around April 15, 2014, prepared a letter to the Plaintiff, and in the event that a lease contract between the Plaintiff and E is terminated, each sub-lease contract between the Plaintiff and the Defendants is terminated, and the Defendants promised to restore the land structures, etc. to their original state.

F. E is the Plaintiff around May 16, 2017, and the Plaintiff.

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