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Reasons
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(영문) 대전지방법원 2021.01.21 2020가단109523
건물인도
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1. As to each of the plaintiffs' KRW 15,393,903 as well as KRW 5,875,00 as to each of the plaintiff's KRW 15,393,90 as to January 21, 2021.

Reasons

1. Basic facts

A. On April 7, 2015, the Plaintiffs and D, who were the shapes of the Plaintiffs, and D, jointly owned (each of the Plaintiffs’ shares 3/10, D/10) and D/D shares 4/10, determined and leased the lease deposit amount of KRW 20 million, KRW 3.66 million, KRW 3.6 million, and the term of the lease to E from May 1, 2015 to April 30, 2017.

The plaintiffs, lessees, and lessees: defendant 1, landlords and lessees confirm that they enter into the contract by acquiring rights to KRW 20 million deposited in D from the previous contractor E to the 40% holder of the building of this case.

Article 5 If any legal action, such as bankruptcy, dishonor, seizure, auction, etc., takes place to the lessor or lessee or the lessee fails to pay the monthly rent at least twice continuously, or the lessee violates Section 4 above, the lessor may terminate this Agreement without delay.

Article 6 Where this contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent or the amount of compensation is overdue, he/she shall restrain it and refund the balance.

Matters of special agreement

2. A lessee who was an existing contractor;

In the event of a problem related to the lease deposit under a contract concluded by acquiring all rights to the lease deposit from E, it shall be irrelevant to the lessor, and shall be responsible and treated by mutual agreement with the existing contractor E.

9. The Plaintiffs, as they own 60% shares of the leased object, will resolve the disputes over the lease agreement (including the lease fee, management fee, and termination of the lease agreement) with the lessor’s responsibility and burden.

B. At that time, E paid the lease deposit of KRW 20 million to D, and thereafter, E has been operating a room in the name of “F” in the instant building.

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