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(영문) 대구고등법원 2016.03.31 2015나21111
건물명도 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant is among the buildings listed in the attached Table 1 list to the plaintiff.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the entries in Gap evidence Nos. 1 through 6, 15, 16, 17, 25, 27, Eul evidence Nos. 3, 16, 20, 21 (including the whole number, if any; hereinafter the same shall apply) and the whole purport of pleadings.

1) The Defendant, on November 25, 2008, transferred the lease contract and the status of a lessor. The Defendant, on November 25, 2008, shall be Trans Korea Board Co., Ltd. (hereinafter “Tras”).

(B)A building listed in the [Attachment] List of Real Estate (hereinafter referred to as the “instant building”) from the Egyas to him.

(A) Part (A) of the ship connecting each point of the attached Table 1 through 6, and 1 in sequence, among the matters in (a) part (a) of the ship connected each point of 582.80 square meters, (b) part (i) of the ship connected each point of 7 through 17, and each point of 7, in order of 328.82 square meters, (b) part (c) of the attached Table 1 through 28, and 1,500.26 square meters, part (d) of the ship connected each point of 29 through 41, and 29 of the same map, part (c) of the ship connected each point of 2,896.51 square meters, part (c) of the attached Table 1 through 27, and part (d) of the building connected each point of 2,896.53 square meters, and part (4) of the attached Table 1 through 27, and each part (4) of the building (hereinafter referred to as the above part).

(1) The term “the instant lease agreement” is generally referred to as “the instant lease agreement” with the terms of the lease deposit amounting to KRW 200 million, the term of lease from November 25, 2008 to December 31, 2018 (hereinafter referred to as “the foregoing lease agreement and its modification agreement”).

A) The Defendant concluded the instant lease agreement. Around that time, the Defendant paid the amount of KRW 200 million to Twits. 2) The main contents of the instant lease agreement are as follows.

Article 5 (Deposit for Lease) (3) Where a lessee fails to pay rent, management expenses, and other expenses within the payment period, the lessor may deduct the amount payable from the lease deposit after notifying the lessee thereof.

(c).

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