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(영문) 전주지방법원 2017.05.17 2016나4764
건물인도 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is an auction procedure D in this court (hereinafter “instant auction procedure”).

Through this, on April 3, 2015, the building indicated in the indication of Attached Real Estate No. 1 (hereinafter referred to as "the building of this case") is the building of this case.

(2) On August 1, 2006, Defendant B entered into a lease agreement with H, who is the former owner of the instant building, that “E” was leased at KRW 20 million, monthly rent of KRW 850,000,000,000 from the instant building, and then renewed several lease agreements and finally completed the registration of ownership transfer on the same day. On October 1, 2010, Defendant B entered into a lease agreement under which “E” is leased at KRW 50,000,000,000 for lease deposit and KRW 90,000,000,000.

On October 1, 2008, Defendant B completed the business registration with the trade name of “E” as the location of the head office. Of the instant building, Defendant B occupied and used the said store by operating the fixed land sales store in the part (a) in the ship connecting each point of (b), 2, 3, 4, 5, 7, 8, 9, 8, 8, 83.81 square meters in attached drawings 1, 83.81 square meters in attached drawings 2, 83.81 square meters in attached drawings 1, 2, 3, 4, 5, 5, 66 and 47.12 square meters in the ship (hereinafter referred to as “one store”) connected each point of (c) part (a), 47.12

3. From February 4, 1997, Defendant C, operating the automobile repair store in the instant building, prepared a lease agreement between the former owner of the instant building and the former owner of the instant building on September 25, 2008 that “20 square meters” is leased at KRW 30 million, monthly rent of KRW 700,000,000. After several times, Defendant C renewed the lease agreement and finally increased the lease deposit to KRW 50,000,000 on September 20, 2012.

On February 4, 1997, Defendant C completed the business registration under the name of “FC Center”, using the location of the instant building as the location of the building. In turn, each of the following points are as indicated in Appendix 1, 2, 3, 4, 5, 6, and 1.

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