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(영문) 부산지방법원 2018.11.14 2017가합47874
건물명도(인도)
Text

1. The defendant against the plaintiff A,

(a) KRW 102,220,167 as well as 5% per annum from January 19, 2018 to November 14, 2018;

Reasons

Basic Facts

Plaintiff

On January 6, 2003, A and Dong G completed the registration of ownership transfer for each 1/2 portion of H 503.8 square meters (hereinafter “instant land”).

Plaintiff

A on September 9, 2003, on the ground of the instant land, completed the registration of initial ownership as to the buildings listed in Annex A Section 2 (hereinafter “instant building”).

On July 3, 2007, the network G entered into a lease agreement with the Defendant and the lessee by designating the lease term as the Defendant, 24 months from the date of delivery of the real estate, 14 months from the date of delivery of the real estate, 24 months from the lessor and 1 other lessee, and 50,000 won for the lease deposit, 50,000 won for the lease deposit, and 22,00,000 won for the lease deposit.

After the conclusion of the above lease agreement, the Defendant, along with I et al., carried on accommodation business under the trade name called “Jel”.

Around January 2008, the network G concluded a lease agreement with the Defendant by designating the lessor as the Defendant on January 29, 2008, with the entire land and buildings in this case, the entire parking lots and fixtures attached thereto, the lease deposit amount of KRW 30,000,000 per month, the lease deposit amount of KRW 21,00,000 per month, the lease term of KRW 24,000 per month, and the lessor as the Defendant G and the lessee.

The deceased on March 11, 2012, and the Plaintiff B succeeded to the 3/18 shares of the instant land, and the 2/18 shares of the instant land by Plaintiff C, D, and E, respectively.

Plaintiff

A on March 12, 2012, the Defendant and the lessee entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff and the lessee as the Defendant, with the entire land and buildings in this case, the lease deposit amounting to 450,000,000 won per month, the lease deposit amounting to 18,00,000 won per month, and the lease period from March 12, 2012 to March 11, 2018.

Plaintiff

A on March 12, 2012, a mortgage contract between the Defendant and each real estate listed in the separate sheet No. 1 (hereinafter “mortgage contract”) with a maximum debt amount of KRW 450,000,000.

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