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(영문) 부산지방법원동부지원 2015.05.13 2014가단203429
건물명도등
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On March 17, 201, the Plaintiff leased to Defendant B the real estate listed in the [Attachment List (1) as KRW 10,000,000, monthly rent of KRW 800,000, and the lease period of KRW 800,00,00 from May 17, 201 to May 16, 2013. On the real estate listed in the [Attachment List (2) as of July 10, 201, the Plaintiff leased the real estate to Defendant B as of KRW 500,000,000, the lease period of KRW 500,000, and from July 12, 2012 to May 16, 2013 without any deposit.

B. While Defendant B operated a competitive restaurant in the name of “D” in the leased building, Defendant B requested to change the name of the tenant in the name of Defendant C, an investor, as his mother, from around 2012, to prepare a lease contract. Accordingly, the Plaintiff drafted a lease contract with Defendant B, such as the lease contract with the former Defendant B.

C. On January 8, 2014, the Plaintiff sent a second letter of request for explanation stating that “D representative” was “D representative,” and that “B will remove a building and remove a new commercial building, and then, until February 10, 2014, the Plaintiff sent it by content-proof mail.” On February 7, 2014, the Plaintiff sent a second letter of request for explanation that “D representative” was “D representative,” which read “D representative,” and that “A representative, who requested the presentation of a building by February 20, 2014.”

The Defendants did not comply with the above Plaintiff’s request for the explanation and expressed their intent to continue to conduct the business.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. From January 2013, the Plaintiff’s assertion that the Plaintiff and the Plaintiff’s private village E had been found in several times, and upon the expiration of the lease term, the Plaintiff requested the Defendant B to clarify the real estate listed in the separate sheet (hereinafter “instant real estate”). The lease contract for the real estate listed in the separate sheet (1) was terminated on May 16, 2013, and the lease contract for the real estate listed in the separate sheet (2) was terminated on May 16, 2013 (or July 10, 2013).

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