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(영문) 대구지방법원 2015.11.11 2015가단109192
건물명도
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff between the Plaintiff and the Daegu Metropolitan City Facilities Management Corporation shall manage the real estate listed in the separate sheet owned by the Daegu Metropolitan City Facilities Management Corporation (hereinafter “instant real estate”), which is managed by the said Corporation, with permission for use and profit-making.

The Plaintiff entered into a contract with the said Corporation for the use and profit-making period from March 19, 2012 to March 18, 2015, and concluded a contract for the extension of the use and profit-making period from March 19, 2015 to March 18, 2017.

B. On March 19, 2012, the Plaintiff entered into a sublease contract between the Plaintiff and the Defendants 1) and Defendant B, in turn, each point of which is indicated in the attached Form No. 87, 88, 115, 116, and 87, among the instant real estate, and the non-resident No. 87, 20 square meters on board (hereinafter “instant real estate No. 87”).

(2) On March 19, 2012, the Plaintiff entered into a sublease contract with Defendant C for annual rent of KRW 16,394,400, and the lease period from March 19, 2012 to March 18, 2015. (2) On March 19, 2012, the Plaintiff entered into a sublease contract with Defendant C for annual rent of KRW 3,337,520, and the lease period of KRW 136.5 square meters (hereinafter “instant second floor of real estate”) from March 19, 2012 to March 18, 2015.

3) On March 19, 2012, the Plaintiff: (a) linked each point of the attached Form No. 103, 104, 131, 132, and 103, among the instant real estate, with Defendant D on March 19, 2012, the Plaintiff is deemed as “No. 98 square meters of the first floor on board the instant real estate” (hereinafter “No. 98 of the instant real estate”).

(3) On the part of the Plaintiff, the Plaintiff did not have to pay annual rent of KRW 19,354,50, and the Plaintiff did not pay annual rent of KRW 104,105,130, 130, 131, and 104 on the part of the Plaintiff, the Plaintiff did not have to pay annual rent of KRW 19,354,50 on the part of the Plaintiff.

(ii)the non-transfer of a ship that connects each point in Schedule 2, 27, 28, 33, 34, and 27, with respect to annual rent of KRW 16,39,40,00, in sequence;

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