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(영문) 울산지방법원 2015.11.06 2014가단14251
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On July 4, 2013, the Plaintiff entered into a lease agreement between the Plaintiff and C with C, the owner of each of the above buildings, as to subparagraph 401 of the E building located in Ulsan-gu, Ulsan-gu (hereinafter referred to as the building indicated in the attached list; hereinafter referred to as the building in this case) and subparagraph 402 of the attached Table, with a deposit of KRW 100 million ( KRW 401 million, KRW 80 million, KRW 402, KRW 402), and the lease term of KRW 7 million ( KRW 400,000, KRW 600, KRW 402, KRW 100,000, KRW 100, and KRW 402, respectively) from July 5, 2013 to July 5, 2018.

(2) On July 4, 2013, the Plaintiff completed the registration of establishment of chonsegwon with the lease deposit amounting to KRW 100,000,000,000 from July 5, 2013 to July 5, 2018, with respect to each of the above buildings as the receipt of the Ulsan District Court Decision No. 68318, Jun. 4, 2013.

B. (1) On November 13, 2013, the Plaintiff agreed to transfer the money for the transfer of a singing practice room business operated in the instant building between the Plaintiff and F to the Plaintiff at a cost of KRW 2.5 million (hereinafter “instant transfer contract”). On the 25th of the same month, the Plaintiff and F drafted a notarial deed of debt repayment contract (No. 2927) as to KRW 2.40 million among the money for the said transfer.

(2) On the other hand, on November 13, 2013, the said F entered into a lease agreement (hereinafter “instant lease agreement”) with the said C, the owner of the instant building, as stipulated under the terms of KRW 100,000,000,000 per month (excluding value-added tax), and the period from November 24, 2013 to November 23, 2018 (hereinafter “the instant lease agreement”). The deposit was paid by the Plaintiff by receiving the claim for return of the lease deposit amount from the said C, and the said C transferred the instant building to the said F around November 24, 2013.

(3) From the time when the above F was handed over the instant building, the Defendant operated a singing practice room with the trade name “G” in the said building.

(c).

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