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(영문) 서울중앙지방법원 2016.06.02 2015가단5384425
건물명도
Text

1. The Plaintiff:

A. Defendant A and Defendant B, each of the real estates listed in the separate sheet No. 1, shall be listed in the annexed sheet No. 3.

Reasons

1. Facts of recognition;

A. On February 25, 1996, the Plaintiff obtained permission for free use of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) from Seoul Special Metropolitan City by January 5, 2016.

B. On June 30, 2014, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) and the reappointment fee of KRW 270,000 (including additional taxes) with respect to the five storys of the instant real estate, and KRW 30,000 among them, KRW 3,000,000 until June 30, 2014; and KRW 5,000,000 until November 11, 2014; and KRW 190,000 until December 25, 2014; and the lease agreement was concluded between January 6, 2015 and January 5, 2016.

(hereinafter “instant lease agreement.” Accordingly, Defendant A paid the Plaintiff KRW 30 million on June 30, 2014, KRW 85 million on November 21, 2014, KRW 15 million on December 11, 2014, KRW 200 million on December 19, 2014, and KRW 70 million on December 19, 2014.

Of the five floors of the instant real estate, Defendant A directly occupied the part (C) of 251.10 square meters (hereinafter “511”) connected with each point of the attached Table 3 drawings, among the five floors of the instant real estate. With respect to the part (a) in a ship which successively connects each point of 1, 2, 3, 4, and 1 with the same drawings, as to the part (a) of 294.09 square meters (hereinafter “512”), Defendant B connected each point of 5, 6, 7, 8, and 5 square meters (hereinafter “5.15 square meters”), Defendant C (hereinafter “Defendant C”) with the same drawings, and with respect to the portion (b) connected each point of 84.27 square meters (hereinafter “515 square meters”), Defendant C (hereinafter “Defendant C”), with the indication of 13, 14, 15, 16, and 13 of the said drawings, and with respect to the portion (c) of 1, 29415 square meters (hereinafter “Defendant 27.2, 17.2,”

On December 30, 2014, the Plaintiff, “The management and operation right holder,” from the Seoul Special Metropolitan City, is the Plaintiff and the Substitute Land Co., Ltd.

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