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(영문) 인천지방법원부천지원 2014.09.24 2012가단44671
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. At the same time receiving the money set forth in paragraph 2 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On January 18, 2008, the Plaintiff purchased the building indicated in the attached real estate’s marking building [the purpose of use was changed to “educational research facilities” on April 10, 2008; hereinafter “instant building”) and registered its ownership on April 30, 2008.

B. On December 1, 2011, the Plaintiff leased D’s KRW 50 million deposit and KRW 7 million monthly rent of KRW 350.68 square meters (hereinafter “the instant portion (b)”) connected to D in order to each point of indicated in the Appendix No. 2, 3, 4, 5, 6, 7, and 2, among the instant building, to D (hereinafter “the instant portion (b)”). D operated “FAD” at the instant place, and the Plaintiff operated cosmetic in the instant part (a).

C. The Defendants, a married couple, registered and operated the “JA” under the name of Defendant B in the office of education on the 6th floor of the Hanmi-gu G (H) G (hereinafter “instant private teaching institute”) and had the said real estate sold to a third party on February 2012, the said real estate was at a different place from the instant private teaching institute. On March 2012, the Defendants, a coupled and married company, after consultation with the Plaintiff and D, used the portion of the instant private teaching institute that D used in order to lease the part of the claim (a) (hereinafter “instant part”) as stated in the claim (a) (hereinafter “instant part”) (hereinafter “instant case”). On the other hand, D transferred the instant part from the Plaintiff, and used the interior construction at the same time.

Accordingly, around April 4, 2012, the Defendants moved in part of the part of the instant part of the Section (b) and paid KRW 18 million to the Plaintiff upon the Plaintiff’s request.

E. From June 6, 2012, the Defendants commenced the Rotterdam Corporation on the instant part (A) from around June 6, 2012, and D filed a report on the closure of a driving school on the instant part (b) around June 20, 2012, and filed a petition with the Office of Education to the effect that the Defendants are operating the instant driving school without registering the change of the location of the driving school.

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