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(영문) 수원지방법원평택지원 2017.11.17 2017가단53802
건물명도(인도)
Text

1. The Defendants are provided with KRW 248,438,600 from the Plaintiff, and at the same time real estate stated in the attached Table to the Plaintiff.

Reasons

1. In full view of the facts that there is no dispute over the cause of the claim, and the purport of the entire pleadings in Gap 1, 2, and Eul 6 (including branch numbers), the Plaintiff, on July 31, 2008, indicated in the separate sheet in the "F points" list of the building Eul, to the defendant Eul 1, (2), (3), (4), (1) part 330.58 square meters (hereinafter "the instant store") connected with each point in sequence, are KRW 50 million, monthly rent, KRW 6,050,00 (excluding value-added tax), and the period of lease from April 24, 2009 to April 23, 2014 (hereinafter "the instant lease agreement"), and the Plaintiff and the defendant Eul 2, on May 18, 2014, extended the lease period to KRW 30,50,000 by 30,000,0000,000 for 20.37.6.

According to the above facts, the instant lease agreement was lawfully terminated on April 23, 2017, and thus, the Defendants are obligated to deliver the instant store to the Plaintiff, barring any special circumstance.

2. Determination as to the defendants' defenses, etc.

A. The Defendants: (a) immediately after the Plaintiff entered into the instant lease agreement, forced Nonparty Ha to sublease the instant store to Nonparty Ha; (b) Defendant B had no choice but to subleaseed the instant store to H from April 24, 2009 to August 31, 2014; and (c) H had operated the instant store with its business registration and directly paid rent and management expenses to the Plaintiff; (d) the period from April 24, 2009 to August 31, 2014 should be excluded from the period of lease of Defendant B; and (e) the Plaintiff and Defendant B leased the “F store” separately leased by Defendant B on April 24, 2014.

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