(영문) 수원지방법원 성남지원 2018.11.20 2018가합401539

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(영문) 수원지방법원 성남지원 2018.11.20 2018가합401539

건물명도(인도)

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1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. A. Around July 2012, the Plaintiff transferred to C and D all the shares issued by the Defendant (i.e., the trade name before the change: Co., Ltd.; hereinafter “Defendant”); and around that time, D assumed office as the representative director of the Defendant.

B. The Defendant owns the F-si site and its ground waste incineration station adjacent to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and there was no building that can be used as an office in the foregoing F-site.

C. On July 23, 2012, the Plaintiff entered into a lease agreement with the Defendant on the lease of each of the instant real estate (hereinafter “instant lease agreement”), and on July 24, 2012, delivered each of the instant real estate to the Defendant. The main contents of the lease agreement (Evidence A No. 2; hereinafter “instant lease agreement”) written at the time are as follows.

1. Real estate indicated in each of the instant real estate;

2. Deposit for lease and error of deposit for rent: 50 million won (in n.e., 50,000 n.e., n., n.s.).

3. The term of existence of the special agreement between July 24, 2012 and July 23, 2014: Provided, That the term of the contract shall, regardless of Article 2, be from the time the lessee’s waste incineration facilities are completed.

(hereinafter referred to as “instant special agreement”). D.

The Defendant received each of the instant real estate from the Plaintiff and used it as an office and a warehouse for the Defendant’s waste disposal business.

E. On April 21, 2014, the Defendant prepared and executed a performance certificate to the Plaintiff (hereinafter “instant performance agreement”), but the entries therein are as follows.

The content of performance certificate: The defendant representative director D shall confirm the right to use the facilities for the development and utilization of groundwater of the land (attached Form 2) of the defendant office building:

-Ar -

1. The defendant's lack of factory water necessary for the business execution.

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