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(영문) 대구지방법원 경주지원 2018.01.16 2016가단5262
건물인도 등
Text

1. At the same time, the defendant is paid KRW 14,285,473 from the plaintiffs, and at the same time, among the buildings listed in the separate sheet No. 1.

Reasons

1. Facts of recognition;

A. On July 12, 2015, the Plaintiffs: (a) between the Defendant and the Defendant who intends to operate a general restaurant at the instant store on behalf of the network, determined and leased the instant store at KRW 15 million as lease deposit and KRW 1 million as monthly rent (hereinafter “the instant lease”); and (b) received KRW 1.5 million as part of the lease deposit from the Defendant on the same day.

On the other hand, the defendant argued that the object of the instant lease agreement was 50 square meters (165.9 square meters) or 147 square meters of the store of this case as stated in the lease agreement. However, in light of the circumstances such as the plaintiffs and the defendant, at the time of the conclusion of the said lease agreement, confirm the store of this case and specify the store of this case as the object of lease, and the store of this case is divided into other spaces and walls, it is reasonable to view that the parties to the instant lease agreement set the store of this case as the object of lease, and enter it as 50 square meters in terms of the area indication on the lease agreement.

B. On August 13, 2015, the Plaintiffs received the remainder of the lease deposit from the Defendant and delivered the instant store to the Defendant at the same time, and the Defendant started to construct a restaurant facility in the instant store from that time.

C. The Plaintiffs, at the instant store, exempted the Defendant from monthly rent during the period of the restaurant facility construction at the instant store. The Plaintiffs were paid the monthly rent in advance from September 25, 2015 to September 25.

On November 24, 2015, the deceased died by having the wife A and the defendant B as the inheritor, and the plaintiffs jointly inherited the lost D's property.

(Legal portion of inheritance is Plaintiff A3/5, Plaintiff B2/5). E.

On the other hand, among the instant stores, the purpose of use of the instant building (A) was changed to a general restaurant facility on November 23, 2015, and on October 16, 2017, the instant building (B) shall be located on October 16, 2017.

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