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(영문) 광주지방법원 2016.06.21 2015가단5397
건물명도 등
Text

1. For the plaintiffs:

A. Defendant Korea Nansaw Co., Ltd. shall be attached to the attached Form 297.80 square meters of the building on the 1st floor listed in the attached Table.

Reasons

1. Basic facts

A. The plaintiffs are the owners of the buildings listed in the separate sheet (hereinafter "the building in this case"). The defendant Korea Nansaw Co., Ltd. (hereinafter "the defendant company") is the company that leased the part of 168 square meters [the sum of the part indicated in the above drawing(a) and (b) above; hereinafter "the store in this case"] connecting each point of 1,2, 3, 13, 12, 11, 10, 9, 5, 4, 1 among the part indicated in the separate sheet among the 297.80 square meters of the 1st floor of the building in this case. The defendant C is the person who leased the building in this case from the defendant company the part (b) connected each point of 1,2, 3, 4, and 1 in sequence with the indication in the separate sheet(a) of the 1st floor in this case.

B. At around 2002, Defendant Company and D changed the name of Defendant Company at the time of the lease agreement on the instant store and lease on a deposit basis, and thereafter the name was changed to the current trade name.

The former owner of the instant building at the time determined KRW 150,00,000 as the lease deposit and concluded a lease agreement with D on the instant store. After receiving the instant store from D, the convenience store was operated at the instant store. On February 21, 2002, in order to guarantee the Defendant Company’s right to return the lease deposit against D, 169 square meters (west, north) out of 297.80 square meters on the first floor of the instant building, “150,000,000 won for lease deposit, and from November 30, 2001 to November 29, 2003, the former registration of the establishment of lease (hereinafter “registration of the establishment of lease on a deposit basis”).

C. E’s acquisition of ownership and lease contract 1) On May 30, 2006, E: (a) ownership transfer registration was made on the instant building on May 18, 2006; and (b) E entered into a lease agreement with the Defendant Company and D and the Defendant Company on June 1, 2006 to succeed to the said B lease agreement; (b) thereafter, the lease agreement between E and the Defendant Company is renewed.

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