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(영문) 청주지방법원 2017.02.09 2016가단109161
건물명도
Text

1. The Defendants are each indicated in the attached Form No. 1, No. 2, No. 3, No. 4, and No. 1 among the first floor of the building listed in the attached Form No. 1 to the Plaintiff Religious Council.

Reasons

1. Basic facts

A. On June 15, 201, Plaintiff A’s final relatives’ association (hereinafter “Plaintiff A”) concluded a lease agreement (hereinafter “instant lease agreement”) with Plaintiff B Co., Ltd., (hereinafter “Plaintiff B”), setting the lease deposit amount of KRW 300 million, monthly rent of KRW 275 million (including value-added tax) and the lease term of KRW 20 million from June 20, 201 to June 19, 201 (hereinafter “instant lease agreement”).

B. From around 2013, Plaintiff B entered into a sublease contract between the Defendants, which is set forth in the separate sheet No. 1, 2, 3, 4, and 1 among the 1st floor of the instant building, with the section of 49.350 square meters in the place of the ship (hereinafter “the instant occupied part”) connected each point of which is indicated in the separate sheet No. 1, 2, 3, 4, and 1,000 won in a sublease deposit, monthly rent of KRW 1,00,000 (excluding value-added tax), and the sublease period from November 1, 2013 to June 30, 2016; on September 2014, Plaintiff B entered into a sublease contract which is set forth in the said sub-lease contract with the Defendants as KRW 3,00,000 in a monthly rent of KRW 99,00 (including value-added tax). All of the aforementioned sub-lease contracts received KRW 30,000 from the Defendants.

C. From November 1, 2013, the Defendants occupied and used the instant occupied portion from November 1, 2013 to the date of the closing of argument, and did not pay as from June 2016.

Plaintiff

B around June 21, 2016, around June 21, 2016, the term of the instant lease agreement and the period of sub-lease of the instant sub-lease agreement expires on June 30, 2016, and thus, the Defendants sent a certificate of the content that the occupied portion of the instant sub-lease is restored to its original state and delivered it to the Defendants. The content certification reached the Defendants around that time

[Ground of recognition] Facts without dispute, entry of Gap 1 to 4 evidence (including each number), the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim of the Plaintiff-friendly council, the Plaintiff.

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