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(영문) 인천지방법원 2018.02.22 2017가단204420
토지인도
Text

1. Defendant B:

(a) deliver the real estate listed in the annexed real estate list;

(b) the Schedule of Attached Real Estate;

Reasons

1. Basic facts

A. On July 4, 2015, Defendant B entered into a lease agreement with the Plaintiff, stating that the lease term shall be from July 1, 2015 to June 30, 2017, the lease deposit shall be KRW 24 million, and the monthly rent shall be KRW 2.4 million (payment on January 15) with respect to the real estate listed in the attached list of real estate owned by the Plaintiff (hereinafter “instant real estate”). However, even when the contract expires, Defendant B entered into a lease agreement with the Plaintiff that the amount of monthly rent shall be paid as damages if the Defendant delayed the delivery of the instant real estate (hereinafter “instant lease agreement”).

B. After entering into the instant lease agreement, Defendant B: (a) installed the part (B) of the container connected each point of the (D) section of the container connected each point of the attached Table 3, 4, 21, 20, 19, and 3 on the ground of the instant real estate in sequence; (b) 22, 23, 16, 17, and 22 in sequence; and (c) 10 square meters in the container of the wall-free warehouse; (b) 24, 25, 26, 27, and 25 square meters in sequence connected each point of the (c) section (d) section of the container connected each point of the (c) section (7, 32, 33, 34, 35, and 32 in sequence; and (d) the part (c) section (d) section (36, 38, 37, 37, and 32 in sequence connected each point (c) section of the container.

C. Around October 1, 2015 without the Plaintiff’s consent, Defendant B entered into a sub-lease contract with Defendant C by setting the lease deposit of KRW 10 million and KRW 1 million for the part of the instant real estate as the monthly rent. Defendant C arbitrarily connects each point of the attached Table 44, 45, 46, 47, and 44 on the ground of the instant real estate in sequence, with the appraisal of the attached Table 4, 48, 49, 12, 13, and 48 on the (i) part of the instant real estate, each point of which is successively connected to the (ii) part of the instant real estate, with nine square meters, and engages in the lease and repair business with the trade name of “F.”

Defendant D, without the Plaintiff’s consent or consent, respectively, indicated in attached Form 40, 41, 42, 43, and 40 on the ground of the instant real estate.

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