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(영문) 대전지방법원 홍성지원 2018.01.10 2017가단5945
건물명도(인도)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 2015, the Defendant took over the Gu funeral business from the lessee D who operated the Gu funeral in the Real Estate No. 1 of this case.

B. Accordingly, on March 9, 2015, Plaintiff A, the owner of the instant first real estate, entered into a lease agreement with the Defendant, setting the lease term of the instant first real estate as KRW 10,000,000 for the lease term from March 9, 2015 to March 8, 2016, and KRW 1,300 for the rent month (including management expenses, KRW 200,000).

Around that time, the Defendant received a delivery of the instant real estate No. 1 and operated the party hall at a place.

C. On March 7, 2016, Plaintiff A entered into a lease agreement with the Defendant on the lease term for the instant real estate No. 1, from March 8, 2016 to March 7, 2017, under the same conditions as the deposit and rent, and was paid KRW 15,600,000 as a lump sum payment from the Defendant.

The instant 2 real estate linked to the instant 1 real estate is owned by Plaintiff B, who is the infant of Plaintiff A, and the Defendant had the intention to operate the party 2 real estate around May 2016.

E. Accordingly, on May 18, 2016, Plaintiff B entered into a lease agreement with the Defendant on the lease term of KRW 1,300,000 (including management expenses of KRW 200,00) for the instant real estate as of May 20, 2016 to March 19, 2017; and received from the Defendant a lump sum payment of KRW 13,00,000 for the rent of KRW 10 months.

(2) The Defendant received delivery of the instant 2 real estate from the Defendant and operated the Gu funeral at any time.

F. On February 20, 2017, the Defendant sent to the Plaintiff a certificate of content requiring the renewal of the instant lease agreement to the Plaintiff, and on March 8, 2017, the Plaintiff’s bank account, KRW 15,600,000 per annum on the instant real estate No. 1, and KRW 15,600,000 per annum on March 20, 2017.

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