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(영문) 대구지방법원 2016.01.27 2015가단15020
건물명도
Text

1. Each of the plaintiffs' claims is dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs are children of the network D, and E is the husband of the network D.

The plaintiffs and E are the successors of the network D.

B. The network D owned the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”).

The network D died on February 19, 2013.

The Plaintiffs received 2/7 shares in the instant real estate and 3/7 shares in E, respectively.

C. On July 6, 2010, the Defendant concluded a lease contract with a deposit of 30 million won, monthly rent of 400,000 won, and the term of lease on July 9, 2012, with a deposit of 91.5 square meters on the south side of the first floor, among the instant real estate, by setting the lease contract by July 6, 201, and the same month.

7. Of the instant real estate, a lease contract was concluded by setting the deposit amount of KRW 20 million and monthly rent of KRW 450,000 on the 25th floor stores among the instant real estate.

On September 10, 201, the Defendant entered into a lease agreement with the network D on the second floor of the instant real estate with the monthly rent of KRW 4,50,000.

On August 14, 2013, between E and E, the Defendant entered into a lease agreement with regard to the first and second floors of the instant real estate by setting a deposit of KRW 100 million, monthly rent of KRW 2.4 million, and the term of lease from August 14, 2013 to August 13, 2015.

In addition, on January 9, 2015, the contract between E and E is divided into each floor, and the deposit amount of KRW 50 million for the first floor of the instant real estate and KRW 1 million for the monthly rent shall be deposited into the account of E’s bank. Of the instant real estate, the deposit amount of KRW 50 million for the second floor and KRW 1.4 million for the monthly rent and KRW 1.4 million for the second floor of the instant real estate shall be deposited into the account of the Plaintiff’s National Bank. However, each term of lease was concluded as of January 9, 2018 (hereinafter “instant lease contract”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Gap evidence 6, Eul evidence 1, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs asserted that they did not have a majority of the real estate of this case.

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