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(영문) 대전지방법원천안지원 2019.05.23 2018가단107363
건물명도(인도)
Text

1. Defendant B shall be the Plaintiff, and Defendant A shall be the Plaintiff.

Attached Form

delivery of real property listed in the list;

(b) from January 1, 2019, the above real estate.

Reasons

1. Basic facts

A. At around 2009, D has run a household wholesale and retail business with the name of “E” by leasing real estate listed in the [Attachment List (hereinafter “instant store”) owned by the Plaintiff from the Plaintiff as KRW 30,000,000, and KRW 4,840,000 per rent, and KRW 4,840,000. On May 2013, 2013, D’s claim for the return of the above lease deposit against the Plaintiff was seized on the ground that D was in arrears with income tax of KRW 120,00,000, and D was closed on September 30, 2013.

B. On November 1, 2011, Defendant B, who is a father of D, completed the instant store’s retail business registration with the name of “F” as the location of the place of business, and the Plaintiff, D, and Defendant B agreed to change the lessee of the instant store from D to Defendant B to the location of Defendant B on September 2013, and the rent is KRW 5,340,000 per month.

(However, the rent under the lease contract is KRW 3,00,000 per month for the submission of the tax office, and the lease contract was prepared as of December 26, 2013, but the lease contract was reported from October 1, 2013, which is the day following D's business registration cessation date; hereinafter "the lease contract in this case").

Meanwhile, on July 18, 2014, G was flooded as the store was concentrated, and the Plaintiff, Defendant B, etc. filed a lawsuit for damages against the astronomical City, etc. under Daejeon District Court Decision 2014Gahap4371, Daejeon District Court Decision 2014Gahap4371.

Defendant C, the father of Defendant B, had been operating the furniture at the instant store along with D, and the Defendants, around November 24, 2014, agreed to borrow KRW 30,000,000 from the Plaintiff to pay the compensation for damages upon the receipt of the compensation for damages.

(hereinafter “the loan of this case”). (e) The loan of this case

In the case of Daejeon High Court 2016Na10351, the appellate court of the Daejeon District Court 2014Gahap4371, the appellate court of the Daejeon District Court 2016Na10351, the judgment ordering Defendant B to pay the amount of KRW 254,355,119 and the delay damages therefor.

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